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I ANNEXURE-D

MEDIATION & CONCILIATION CENTRE


ALLAHABAD HIGH COURT LUCKNOW
SETTLEMENT AGREEMENT

This SETTLEMENT AGREEMENT entered into on 02.08.2023, between Himanshu


Shukla S/O Ajay Kumar Shukla RIO 63 Gaon Dhusaha District Balrampur Uttar Pradesh
271201 [FIRSTPARTY] and Pragati Mishra D/o Sri Jai Prakash Mishra, RIO A-858,
Sanchar Vihar Colony, ITI Township, Mau, Gonda, Uttar Pradesh 271308 [SECOND
PARTY]

WHERE AS

1. Disputes and differences had arisen between the Parties here to and
APPLICATION U/s 482 No. 2048 of2023 (Himanshu Shukla & Others Vs State
of U.P. & Another) was filed before Allahabad High Court at Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 28-02-


2023 passed by Hon'ble Shree Prakash Singh.

3. The parties agreed that Mr. Laxmi Kant Pathak, Advocate and Mrs. Manisha
Srivastava, Advocate would act as their Mediators/Conciliators.

4. Several meetings were held during the process of Conciliation/ Mediation and the
parties, with the assistance of the Mediator/ Conciliator, have voluntarily arrived
at an amicable solution resolving all their dispute and differences.

5. The parties hereto confirm and declare that they ha".e voluntarily and of their own
free will arrived at this Settlement Agreement in the presence of the
Mediators/Conciliators and there is no coercion or undue influence on either of
the parties of any kind whatsoever in arriving at this settlement agreement.

6. The following settlement has been arrived at between the Parties hereto:

A. That both the parties namely Himansu Shukla (husband) and Pragati Mishra
(wife) mutually agree to liv~ separately in future and dissolve their marriage. For
the purpose of dissolution of their marriage, the parties have filed a petition for
divorce bearing 2423 of 2023 U/S 13-B Hindu Marriage Act, 1955 before the
Principal Judge Family Court, Lucknow on 25.07.2023. Both the parties herein
undertake to appear before the concerned Court on the date(s) fixed and would

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make their earnest endeavour to obtain a decree of divorce in terms of this
settlement at the earliest.

B. That the First Party agreed to pay to the Second Party Rs. 10,00,000/- (Ten Lacs)
towards one time full and final settlement of all the claims of the Second Party
including the claim for permanent alimony against the First Party. The Second
Party agreed to receive the said amount from the First Party towards one time full
and final settlement of all the claims including the claim for permanent alimony.

C. That, out of aforementioned amount Rs. 10,00,000/- (Ten Lacs), a sum of Rs.
6,00,000/- (Six Lac) has been paid by the First Party to the Second Party today i.e.
02.08.2023 vide a Demand Draft No. 001090 dated 10.07.2023 issued by HDFC
Bank, Branch at Krishna Nagar, Transport Nagar, Lucknow. The Second Party
acknowledge receipt of said Demand Draft.

D. The parties have agreed that the balance amount of 4,00,000/- (Four Lacs) would
be paid by the First Party to the Second Party on or before the date fixed for
second motion of the divorce petition filed U/S 13-B Hindu Marriage Act, 1955
filed in the Court of Learned Principal Judge, Family Court, Lucknow.

E. That the Second Party does not have any objection if the APPLICATION U/s 482
No. 2048 of 2023 (Himanshu Shukla & Others Vs State of U.P. & Another) is
allowed and the proceedings of Criminal Case No. 51920 of 2022 arising out of
FIR No. 272 of 2023, dated 28.07.2022, Under Section 492-A, 323, 504, 506
Indian Penal Code, and Section 3, 4 of the Dowry Prohibition Act, 1961 Police
Station Mankapur, District Gonda. be quashed by the Hon'ble Court in terms of
this settlement agreement.

F. The parties have agreed to withdraw the cases filed against each other. The details
of the cases are mentioned hereunder:

(I) Case No. 1807 of2022, (Pragati Mishra vs. Himanshu Shukla), Under Section
12 Domestic Violence Act 2005, pending in the court ofACJM-L Gonda.
(JI) FIR No. 367 of 2022, dated 30.10.2022 Under Sections 394, 307, 379, 323,
427, and 504 of the Indian Penal Code, Police Station Kotwa/i Dehat, District
Balrampur.
(Ill) FIR No. 366 of 2022, dated 30.10.2022 Under Sections 395, 307, 452, 323,
506 and 427 of the Indian Penal Code, Police Station Kotwa/i Dehat, District
Balrampur. P~ ::>
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G. In addition to above mentioned case, if any other case(s) is pending between the
parties and their family members, the same shall also be withdrawn by the
respective parties in terms of this Settlement Agreement.

H. That it is also agreed between the parties that neither they themselves nor any

member of their respective families shall institute any case in future in the form of
criminal or civil proceedings against each other or against any of their relative or
family members in respect of present dispute or any matter incidental thereto and
if any proceeding has already been initiated, the same would be got disposed of in
terms of this settlement Agreement.

L That both the parties shall be bound by the terms and conditions of this Settlement
in strict sense. In case of any default, the party committing default shall be liable
for playing fraud with the Court, hence for contempt of the Court.

By Signing this Agreement the Parties hereto state that they have no further
claims or demands against each other with respect to the matter involved in
APPLICATION U/s 482 No. 2048 of2023 (Himanshu Shukla & Others Vs State
of U.P. & Another) and all disputes and differences in this regard have been
amicably settled by the Parties hereto through the process of
Conciliation/Mediation.

Lucknow. .tledl1tllm~clhatto11 l; e n11;,


Ila•
C.urt, Lucknow Benell
Dated:- 02.08.2023 WC1'tilll161.

PARTIBS' SIGNATURE

(Himanshu Shukla)
9~~,
(Pragati Mishra)
(First Party) (Second Party)
COUNSELS' SIGNATURE

(~ o) ( Sarvesh Kumar Tiwari)


(Advocate for First Party) (Advocate)

MEDIATORS' SIGNATL '~


O,
- <f_9j.-y/\<--
(Manisha Srivastava) (Laxrni Kant ~
(Advocate/ Mediator) (Advocate/ Mediator)

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