Allowed¶16

Khalid Hashmi v. State of Up and 2 Others

Allahabad HC14 Aug 2025CRLR/1177/2024

Case brief

AI extract

What is this about?

Keywords: Section 125 CrPC interim maintenance order quashed on compromise; permanent alimony Rs.32,00,000 (Thirty Two Lacs) paid to wife/opposite party no.2; compromise dated 13.09.2025 Mediation Centre Etah; Family Court Etah Criminal Misc. Case No. 34 of 2018 and Case No. 50 of 2025 (Gajala Parveen); Khalid Hashmi v. State of U.P.; CRLR/Criminal Revision 1177 of 2024; Court No. 91; Hon'ble Madan Pal Singh, J.; decided 22.09.2025; counsel Sunil Kumar Dubey (revisionist), Narayan Singh(Kushwaha) (OP-2), AGA (State).

What did the court decide?

Criminal revision allowed in terms of the compromise dated 13.09.2025; judgment and order dated 18.01.2024 of the Principal Judge, Family Court, Etah (Criminal Misc. Case No. 34 of 2018, Section 125 CrPC) set aside and quashed; parties to bear their own cost; pending applications disposed of.

Khalid Hashmi vs State of Up and 2 Others — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal revision against the interim maintenance order dated 18.01.2024 (Section 125 CrPC: Rs.9,000/- per month to opposite party no.2 and Rs.5000/- per month to opposite party no.3 till majority) should be allowed in view of the compromise dated 13.09.2025 and the permanent alimony of Rs.32,00,000/- received by opposite party no.2.

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Court's answer

Considering that a compromise took place between the parties and opposite party no.2 has received permanent alimony of Rs.32,00,000/-, no useful purpose would be served in keeping the matter pending; accordingly the instant criminal revision is allowed in terms of the aforesaid compromise dated 13.09.2025.

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Ratio / Principle

In terms of the compromise dated 13.09.2025, the judgment and order dated 18.01.2024 passed by the Principal Judge, Family Court, Etah in Criminal Misc. Case No. 34 of 2018 under Section 125 CrPC is set aside and quashed.

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Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Madan Pal Singh, J.) | CRLR No. 1177 of 2024 (decided September 22, 2025): Khalid Hashmi's criminal revision against the order dated 18.01.2024 of the Principal Judge, Family Court, Etah in Criminal Misc. Case No. 34 of 2018 (Smt. Gajala and another Vs. Khalid Hashmi) under Section 125 CrPC — which had fixed interim maintenance of Rs.9,000/- per month for opposite party no.2 and Rs.5000/- per month for opposite party no.3 (till majority) — was ALLOWED. Basis: a compromise reached on 13.09.2025 before the Mediation Centre, Etah, under which the revisionist paid Rs.32,00,000/- (Rupees Thirty Two Lacs) as permanent alimony to opposite party no.2 (facts not disputed by her counsel or the learned AGA), following which Case No. 50 of 2025 (Gajala Parveen Vs. Khalid Hashimi) before the same Family Court was decided and consigned to record. Holding no useful purpose would be served in keeping the matter pending, the court set aside and quashed the Section 125 maintenance order in terms of the compromise; parties to bear their own cost; pending applications disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 1177 of 2024

Khalid Hashmi

.....Revisionist(s)

Versus

State Of Up And 2 Others	.....Opposite Party(s)
Counsel for Revisionist(s)	: Sunil Kumar Dubey
Counsel for Opposite Party(s)	: G.A., Narayan Singh(Kushwaha)
Court No.- 91

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HON'BLE MADAN PAL SINGH, J.

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Supplementary affidavit on behalf of the revisionist has been filed in Court today, the same is taken on record.

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Heard Shri Sunil Kumar Dubey, learned counsel for the revisionist, Shri Narayan Singh(Kushwaha), learned counsel for the opposite party no.2 and learned AGA appearing for the State-opposite party no.1 and perused the record.

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The instant criminal revision is directed against the judgment and order dated 18.01.2024 passed by the Principal Judge, Family Court, Etah in Criminal Misc. Case No. 34 of 2018 (Smt. Gajala and another Vs. Khalid Hashmi), under Section 125 of the Code of Criminal Procedure, Police Station Kotwali Nagar, District Etah, whereby the revisionist was directed to pay Rs.9,000/- per month to the opposite party no.2 from the date of application and and Rs.5000/- per month to the opposite party no.3, as interim maintenance, from the date of the application (till he attains the age of majority).

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Learned counsel for the revisionist states that on 13.09.2025 a compromise took place between the parties before the Mediation Centre, Etah, which is evident from the mediation report dated 13.09.2025. Through the said compromise, the revisionist has paid Rs.32,00,000/- (Rupees Thirty Two Lacs) as permanent alimony to the opposite party no.2. Learned counsel for the revisionist further submits that on the basis of the compromise dated 13.09.2025, the proceedings of Case No. 50 of 2025 (Gajala Parveen Vs. Khalid Hashimi) pending before the Principal Judge, Family Court, Etah has been decided and the file was consigned to record.

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CRLR No. 1177 of 2024

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Learned counsel for the opposite party no.2 as well as learned AGA appearing for the State-opposite party no.1 could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case, compromise has been taken place between the parties, the opposite party no.2 has received permanent alimony of Rs.32,00,000/-, therefore, no useful purpose would be served in keeping the matter pending, accordingly the instant criminal revision is allowed in terms of the aforesaid compromise dated 13.09.2025 and the judgment and order dated 18.01.2024 passed by the Principal Judge, Family Court, Etah in Criminal Misc. Case No. 34 of 2018 (Smt. Gajala and another Vs. Khalid Hashmi), under Section 125 of the Code of Criminal Procedure, Police Station Kotwali Nagar, District Etah, is set aside and quashed.

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Parties to bear their own cost.

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Pending application(s), if any, also stands disposed of.

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September 22, 2025 Prajapati RK

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(Madan Pal Singh,J.)

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Khalid Hashmi v. State of Up and 2 Others

Case brief

What is this about?

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Khalid Hashmi v. State of Up and 2 Others

Case brief

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