Allowed

Naim v. State of U.P. and Another

Allahabad HC22 Sept 2021CRLR/4230/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision to quash a Family Court order awarding maintenance under Section 125 Cr.P.C., holding that the dispute was amicably settled via a mediation agreement where parties agreed to reunite and withdraw cases.

What did the court decide?

The proceedings in the underlying case under Section 125 Cr.P.C. were quashed. The criminal revision application was allowed.

Naim Vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2021)

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Court No. - 85

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Case :- CRIMINAL REVISION No. - 4230 of 2019

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Revisionist :- Naim Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Siddharth Pandey,Meraj Ahmad Khan

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Counsel for Opposite Party :- G.A.,Amir Khan

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

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The present Criminal revision has been filed praying for quashing of the judgment and order dated 14.8.2019 passed by Principal Judge, Family Court, Gautam Budh Nagar in Case No. 37 of 2018, under section 125 Cr.P.C. by which awarding Rs. 10,000/- to the opposite party No. 2 from the date of application.

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Learned counsel for the applicant submits that this court vide order dated 19.11.2019 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 18.01.2021 between the parties. A copy of the same is on record. Perusal of the settlement/agreement thus reached reveals that the parties have amicably settled their dispute and further agreed to withdraw the cases between them. The said fact has been mentioned in para 07 of the settlement/agreement dated 18.01.2021. Paragraph 07 of the said report reads as under:

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"(a) That since October, 2020 during mediation better sense prevailed between the parties and decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences.

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(b) That after living together, the parties appeared before the Centre and stated to the mediator that they are satisfied with this reunion and further they want to continue it for the rest of their lives.

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(c) That the parties further undertake to discharge all matrimonial obligations towards each other in respectful manner and not to commit any kind of cruelty against each other n any manner whatsoever.

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(d) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.

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(e) That the husband undertakes to take care of his wife and son and to provide all essential requirements and amenities to both them in future.

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(f) That it has also been agree between the parties that all the cases filed by them against each other regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned..

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(g) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."

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Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on18.01.2021 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case is hereby quashed.

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The present application is allowed .

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Order Date :- 22.9.2021 RPD

Naim v. State of U.P. and Another

Case brief

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Naim v. State of U.P. and Another

Case brief

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