Allowed

Sayad Ahmad @ Saeed Ahmad and 4 Ors. v. State of U.P. and Anr.

Allahabad HC3 Feb 2023A482/40917/2018

Case brief

AI extract

What is this about?

The High Court allowed a Section 482 Cr.P.C. application to quash matrimonial proceedings based on a settlement agreement executed between husband and wife, where they agreed to reunite and mutually withdraw cases.

What did the court decide?

Proceedings under sections 498A, 323, 506 IPC and Dowry Prohibition Act quashed subject to compliance with settlement terms; opposite party may seek recall.

Sayad Ahmad @ Saeed Ahmad and 4 Ors. Vs State of… — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 40917 of 2018

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Applicant :- Sayad Ahmad @ Saeed Ahmad And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kailash Prasad Pandey,Amresh Malviya

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Counsel for Opposite Party :- G.A.,Sanjay Singh

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Gaurav Malviya, Advocate holding brief of Sri Amresh Malviya, learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 46 of 2018 (Smt. Shafiya Ahmad vs Sayed Ahmad and others), under Sections498A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Kotwali, District- Aligarh, pending in the court of Additional Chief Judicial Magistrate, 1st, District Aligarh.

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Learned counsel for the applicant submits that this court vide order dated 14.11.2018 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had been arrived at on 03.09.2019 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 6 and 7 of the settlement/agreement dated 03.09.2019. Paragraph 6 and 7 of the said report reads as under:

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"6. In view of the interim settlement dated 28.05.2019, the following settlement has been arrived at between the Parties hereto:-

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a) That the marriage of Sri Sayed Ahmad @ Saeed Ahmad (Applicant No. 1- Husband) and Smt. Shafiya Ahmad (O. P. No. 2- Wife) was solemnized on 22.10.2008. Due to strained relationships, both parties have been living separately from last 15 years. Out of aforesaid wedlock, parties have a son namely Momin and a daughter Alla at present aged about 7 years and 3 ½ years respectively.

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b) That now Sri Sayed Ahmad @ Saeed Ahmad (Applicant No. 1- Husband) and Smt. Shafiya Ahmad (O. P. No. 2 Wife) have decided to reunite and live together as husband and wife in perfect harmony forgetting all previous disputes and differences and they undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other in future.

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c) That after living together in view of the interim settlement dated 28.05.2019, the parties appeared before the Centre and informed that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives.

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d) That the husband and wife undertakes to take care of each other and the husband undertakes to provide all essential requirements and amenities to his wife and children in future.

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e) That the demand draft of Rs. 2,75,000/- (Rs. Two Lakh Seventy Five Thousand only) bearing no. 001586 dated 24.05.2019 (revalidated on 30.08.2019) drawn on AXIS BANK LTD, which was kept in the file of the Mediation Centre has been handed over to the wife and she has acknowledged the receipt of the same.

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f) That it has been agreed between the parties that all the cases filed by them against each other shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned.

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

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7. By signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/s 482 No. 40917 of 2018 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

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Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 03.09.2019 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.

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The present application is allowed , subject to the applicant complying with the terms of settlement agreement noted above. However, it is left open to the opposite party no.2 to seek recall of this order, if just cause survives.

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Order Date :- 3.2.2023 A.Kr.

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad

Sayad Ahmad @ Saeed Ahmad and 4 Ors. v. State of U.P. and Anr.

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Sayad Ahmad @ Saeed Ahmad and 4 Ors. v. State of U.P. and Anr.

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