Mujaffar Ali vs Smt. Shabnoor Khatoon

The instant criminal revision has been preferred against the judgment and order dated 30.10.2023 passed by the Principal Judge, Family Court, Kanpur Dehat, in Misc. Case No. 601 of 2018 (Shabnoor Khatoon Vs. Mujaffar Ali) and in case number 171/2021 (Km. Aliza Khatoon Vs. Mujaffar Ali) whereby the maintenance case under Section 125 of Cr.P.C. insituted by the respondent wife has been allowed.

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Since the revisionist and opposite party no. 1 are husband and wife respectively and the dispute between them was matrimonial in nature, the matter was referred to the High Court Mediation and Conciliation Centre, Allahabad by a Coordinate Bench of this Court vide order dated 26.09.2023 in proceeding u/s 482 No. 31149 of 2023.

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Today on the matter being taken up, learned counsel for the revisionist and the learned counsel for opposite party nos. 1 & 2 submit that pursuant to the order dated 26.9.2023 in the proceeding u/s 482, both the parties appeared before the High Court Mediation and Conciliation Centre, Allahabad and both the parties have entered into settlement agreement before the Mediation Centre on 11.9.2024. The photocopy of the final agreement settlement dated 11.9.2024 has also been placed before the Court,

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CRLR No. 1533 of 2024

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which is taken on record.

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In view of the above Settlement Agreement, learned counsel for the revisionist with reference to the statement of both the parties recorded in settlement agreement that by signing this Agreement the Parties hereto state that they have no further claim against each other with respect to the present criminal revision bearing Criminal Revision No. 1533 of 2024 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation, the entire proceedings of the aforesaid criminal case be may be quashed by this Court.

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Learned counsel for opposite party nos. 1& 2 could not dispute the above submission made by the learned counsel for the revisionist. On instructions received from opposite party nos. 1& 2, he submits that in case entire proceedings initiated by opposite party no. 1 & 2 are quashed, they will have no objection.

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This Court is not unmindful of the following judgements of the Apex Court:

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B.S. Joshi and others Vs. State of Haryana and Another ; (2003)4 SCC 675 ,

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Nikhil Merchant Vs. Central Bureau of Investigation ; (2008) 9 SCC 677,

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Manoj Sharma Vs. State and Others ; (2008) 16 SCC 1,

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Gian Singh Vs. State of Punjab ; (2012); 10 SCC 303,

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Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, and

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6. Ramgopal & Anr. Vs. State of Madhya Pradesh; 2021 Legal Egale (SC) 569.

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In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.

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Considering the facts and circumstances of the case, as noted herein

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CRLR No. 1533 of 2024

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above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

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Accordingly, the impugned judgment and order dated 30.10.2023 passed by the Principal Judge, Family Court, Kanpur Dehat, in Misc. Case No. 601 of 2018 (Shabnoor Khatoon Vs. Mujaffar Ali) and in case number 171/2021 (Km. Aliza Khatoon Vs. Mujaffar Ali) is, hereby, quashed.

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This criminal revision is, accordingly, allowed.

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(Madan Pal Singh,J.)

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December 17, 2025

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A.K.Srivastava

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

Mujaffar Ali v. Smt. Shabnoor Khatoon

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Mujaffar Ali v. Smt. Shabnoor Khatoon

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