Allowed

Naheem and 7 Others v. State of U.P. and Another

Allahabad HC10 Jan 2023A482/5315/2022

Case brief

AI extract

What is this about?

The court considered an application to quash criminal proceedings and the charge sheet arising from domestic violence and cruelty charges. Relying on a settlement agreement reached via the Mediation and Conciliation Centre, including payment of alimony and mutual divorce, the court quashed the proceedings.

What did the court decide?

Proceedings arising out of Case Crime No. 0331 of 2019 and the charge sheet dated 10.03.2020 are hereby quashed.

Naheem and 7 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

¶1

Court No. - 64

¶2

Case :- APPLICATION U/S 482 No. - 5315 of 2022

¶3

Applicant :- Naheem And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Chandra Pathak Counsel for Opposite Party :- G.A.

¶4

Hon'ble Saumitra Dayal Singh,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 10.03.2020 as well as the entire proceedings of Criminal Misc. Application No. 5315 of 2022 (State Vs. Naheem and others ), arising out of Case Crime No. 0331 of 2019 , under Sections- 498A, 323, 504, 506, I.P.C., and 3/4 DP Act, Police Station- Kotwali Konch, District- Jalaun , pending in the court of J.M, Konch.

¶7

Learned counsel for the applicant submits that this court vide order dated 10.03.2022 had referred the matter to the Mediation and Conciliation Centre of this Court. A settlement/agreement had arrived on 22.12.2022 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 22.12.2022 . Paragraph 6 and 7 of the said report reads as under:

¶8

"6. In view of the Interim Settlement dated 24.11.2022, the following settlement has been arrived at between the Parties hereto:-

¶9

a) That the marriage (fa) of Sri Naheem, husband, (Applicant No. 1) and Smt. Rozi Rain, wife (O.P. No. 2) and Sri Faheem (Applicant No. 2) and Smt. Firdaus, wife was solemnized 26.12.2017. Due to strained relationship parties have been living separately since 17.09.2019. Out of aforesaid wedlock parties Sri Faheem (Applicant No. 2) and Smt. Firdaus have a daughter Miss Ayat at present 04 years of age. That parties husbands are real brother and wives are real sisters.

¶10

b) That as per Interim Settlement, Sri Naheem, husband, (Applicant No. 1) and Smt. Rozi Rain, wife (O.P. No. 2) and Sri Faheem (Applicant No. 2) and Smt. Firdaus, wife have decided to take mutual divorce (Talaq) according to Muslim Law on the condition of a permanent alimony of Rs. 6.50 Lakhs (Rs. six lakhs fifty thousand only), for each wife which consists amount of Mehar, maintenance of wife, daughter and Iddat Period which shall be given by the husbands to the wives.

¶11

c) That husbands have produced a demand draft of Rs. 6.50 Lakhs (Rs. six

¶12

lakhs fifty thousand only) duly drawn in the name of their respective wife bearing No. 068597 issued by SBI in the name of Firdosh and bearing No. 011869 issued by Central Bank of India in the name of Roji Rain, both the draft are issued on the date 14.12.2022 which have been handed over to Smt. Rozi Rain, wife (O.P. No. 2) and Smt. Firdaus their respective draft and they have acknowledged the receipt of the same.

¶13

d) That parties have produced Talaqnamas prepared on Rs. 100/- stamp paper each duly notorised signed by the parties which are being annexed to this Settlement Agreement.

¶14

e) That Smt. Rozi Rain (O.P. No. 2) has produced certified copy of withdrawal application of Case No. 562/2020 pending in the Court of JM, Kaoch (Jalaun) which is annexed to this Settlement for kind perusal of Hon'ble Court.

¶15

f) That counsels of the parties have stated that parties have moved withdrawal application of every case filed by them against each other in the lower court but today unable to produce the certified copy of the same because PO of the Lower Court is not available. Further counsels of both the parties have assured that they shall produce the certified copy of withdrawal application in the Hon'ble Court before it fixes next date in ibid case.

¶16

g) That hereafter parties have no further claim against each other of any nature with regard to the present case and will not litigate in future against each other with regard to the present case.

¶17

h) That it has been agreed between the parties that they shall comply with the terms and conditions of this settlement.

¶18

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. 5315 of 2022 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/ Mediation. "

¶19

Considering the facts and circumstances of the case and taking into account the settlement/agreement arrived at between the parties on 22.12.2022 before the Mediation and Conciliation Centre of this Court, the proceedings in the aforesaid case are hereby quashed.

¶20

The present application is allowed , subject to the applicant complying with the terms of settlement agreement noted above.

¶21

Order Date :- 10.1.2023 V. Sinha

¶22

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad

Naheem and 7 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Naheem and 7 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Goyal @ Neetu and 2 Others Vs State of U.P through Secretary Home and 2 Others

Awadhes Kumar and 2 Others Vs State of U.P. and Another

Bheem Kumar Bind Vs State of U.P. and 2 Others

Mr Rajesh Gupta Vs State of U.P. and 2 Others

Tejendra Singh and 4 Others Vs State of U.P. and Another

Smt. Raja Beti and 3 Others Vs State of U.P. and Another