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Supreme Court – Daily Orders
Nazish Parveen vs The State Of Uttar Pradesh on 5 May, 2025
Author: Abhay S. Oka
Bench: Abhay S. Oka
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2420 OF 2025
(Arising out of S.L.P.(Criminal) No.3429 of 2024)
NAZISH PARVEEN ... APPELLANT(S)
VS.
STATE OF UTTAR PRADESH & ORS. ... RESPONDENT(S)
WITH
CRIMINAL APPEAL NO.2421 OF 2025
(Arising out of S.L.P.(Criminal) No.6965 of 2025)
@ Diary No.48675 of 2024)
MA 427/2025 in SLP(C) No. 28268/2024
O R D E R
SLP(Criminal)No.3429/2024 and Diary No.48675/2024
Delay condoned in Diary No.48675 of 2024.
2. Leave granted in the Special Leave Petitions.
3. We have perused the Settlement Agreement dated 30th
January, 2025 signed by the appellant-wife and the second
respondent-husband. The Settlement Agreement is signed
by the learned counsel appearing for the parties and the
learned Mediator appointed by the Supreme Court Mediation
Centre. The father of the appellant has also signed the
same.
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2025.05.09
10:22:56 IST
Reason:
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4. In terms of the Settlement Agreement, payment of a
sum of Rs.40,00,000/- has been made by the second
respondent to the appellant and today Demand Draft
No.700013 dated 5th May, 2025 drawn in favour of the
appellant-wife for Rs.30,00,000/- (Rupees thirty lakhs)
has been handed over by the learned counsel for the
second respondent to the learned counsel for the
appellant who in turn has handed over the same to the
appellant who is present in the Court.
5. The marriage between the appellant-wife and the
second respondent-husband was solemnized on 26th February,
2011 and since 15th December, 2018, the parties are
residing separately. There are large number of
litigations between the parties, as can be seen from
paragraph 3 of the Settlement Agreement.
6. By filing IA No.104081 of 2025, the parties are
invoking jurisdiction of this Court under Article 142 of
the Constitution of India for dissolving the marriage
between the parties. Considering the fact that the
parties are residing separately from December, 2018 and
considering the fact that all subsisting disputes have
been brought to an end by the settlement, including the
issue regarding custody of the child, this is a fit case
to invoke jurisdiction of this Court under Article 142 of
the Constitution of India. We may also note here that
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the issue regarding custody of the child has been
resolved by filing Settlement Agreement dated 2 nd January,
2025 before the Court of the learned District Judge,
Bulandshahar in a pending case. A copy of the said
Settlement Agreement is annexed at Annexure A-3 to the
application.
7. Hence, we pass the following order.
a) The marriage solemnized between the
appellant-Nazish Parveen and the second
respondent-Ezaz Ahmed on 26th February, 2011 is
hereby dissolved by consent of the parties;
b) (i) FIR No.341/2019, Case No.32/2022
titled “State v. Ezaz Ahmed” before the
Additional Chief Judicial Magistrate III,
Bulandshahar, (ii) Complaint No.1281/2023
titled “Nazish Parveen v. Ezaz Ahmed” and (iii)
Complaint No.1190/2019 titled “Nazish Parveen
v. Ezaz Ahmed & Ors.” pending before the
Additional Civil Judge (JD) Room No.6,
Bulandshahar are hereby quashed.
c) (i) Maintenance Case No.215/2019 titled
“Nazish Parveen v. Ezaz Ahmed”, New Case
No.197/2024 pending before the Chief Family
Judge, Hathras, District Hathras, (ii) Revision
No.5058/2024 pending before the High Court of
Allahabad, (iii) Case No.668/2019 titled
“Nazish Parveen v. Ezaz Ahmed” pending before
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the High Court of Allahabad and (iv) CaseNo.1300/2024 titled “Ezaz Ahmed v. Nazish
Parveen” pending before the Principal Family
Court, Bulandshahar are disposed of in view the
settlement.
d) FIR No.1150/2024 dated 24th December, 2024
registered with Kotwali City Police Station,
Bulanshahar, Uttar Pradesh is hereby quashed.
e) (i) Criminal Revision No.3797/2024 in Case
No.197/2024 pending before the High Court of
Allahabad, (ii) Case No.132/2024 titled “Ezaz
Ahmed v. Nazish Parveen” pending before the
Additional Principal Family Judge (First)
Bulandshahar and (iii) A complaint filed in the
Bar Council of Uttar Pradesh, Allahabad against
the conduct of Nazish Parveen’s father are
disposed of.
f) The parties shall produce copies of this
order before the concerned authorities before
whom the cases/complaints are pending.
g) Paragraph 1 to 9 of the Settlement
Agreement read thus:
1. Whereas the marriage between the
petitioner and respondent No. 2 Husband was
solemnized as per Muslim rites and
ceremonies on 26.02.2011 at Bulandshahar,
Uttar Pradesh. After marriage parties
resided together at Ghaziabad, Uttar4
Pradesh and there is One child Namely
Master Izyaan Ahmed born out of this
wedlock.
2. Both the parties resided together as
husband and wife till 15.12.2018, and
thereafter disputes and differences arose
between the parties and since then she is
staying with her parents at Bulandshahar,
U.P
3. . Whereas the Parties have filed
following cases against each other:-
I. FIR No. 341/2019, Case No.-32/2022,
State vs. Ezaz Ahmed etc., under Section
498A, 323, 506 IPC and 3/4 DP Act, before
the Hon’ble Court A.C.J.M. III,
Bulandshahar, Next Date 07.01.2025.II. Complaint No.-1281/2023 Nazish Parveen
vs. Ezaz Ahmed, Under Section-307, 323, 506
IPC and 3/4 Muslim Act, Police Station
Kotwali Nagar, Bulandshahar, Before Hon’ble
A.C.J. (J.D.) Room No.-6, Bulandshahar
Next Date 11.01.2025.
III. Complaint No.-1190/2019, Nazish
Parveen vs. Ezaz Ahmed & Ors., Under
Section-406 IPC, Police Station Kotwali
Nagar, District Bulandshahar, Before
Hon’ble A.C.J. (J.D.) Room No.-6,
Bulandshahar, Next Date 13.01.2025.IV. Maintenance case number-215/2019 Nazish
Parveen vs Ezaz Ahmed, new case number-197
of 2024, Under section-128 CrPC, case
number-550/2024. Nazish Parveen vs Ezaz
Ahmed, Before the Hon’ble Chief Family5
Judge, Hathras, District Hathras, Next date
08.01.2025.
V. Revision No. 5058/2024 under Section 125
CrPC, Before Hon’ble High Court of
Allahabad.
VI. Case No.-668/2019 Nazish Parveen Vs.
Ezaz Ahmed, Habeas Corpus Writ Petition
Hon’ble High Court of Allahabad.
VII. Section 12 Domestic Violence Act,
2005, Nazish Parveen vs. Ezaz Ahmed etc,
SLP No. 003429/2024, Hon’ble Supreme Court.
VIII. Case No.-1300/2024 Ezaz Ahmed vs
Nazish Parveen Section-379 B.N.S.S. Before
Hon’ble Principal Family Court
Bulandshahar Next Date-05.02.2025.
XI. FIR No. 1150 dated 24.12.2024, U/S-
191(2), 115(2), 351(2) BNS Bulandshahr v.
Md. Islam & ors.
X. Criminal Revision No.-03797/2024 in Case
No.-197/2024, Before Hon’ble High Court of
Allahabad.
XI. Case number 132 of 2024, Ezaz Ahmed vs
Nazish Parveen, under section-7C of the
Family Court Act, which is pending in the
court of Additional Principal Family Judge
(First), Bulandshahr. Next date 21.01.2025.
XII. A complaint has been filed in the Bar
Council of U.P., Allahabad against the
conduct of Nazish Parveen’s father.
4. Whereas Hon’ble Supreme Court vide Order
dated 28.11.2024 in Special Leave Petition
(Crl) No. 3429 of 2024 has referred the
matter to Supreme Court Mediation Centre.
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Comprehensive mediation sessions were held
between the parties and their respective
advocates on 18.12.2024, 10.01.2025 and
23.01.2025 (Virtually/ Physically) and
today i.e. 30.01.2025 physically for
signing of the present Settlement
Agreement.
5. That both the parties have settled their
disputes amicably before the Ld. Court of
District Judge, Bulandshahar (Uttar
Pradesh) on 02.01.2025. Copy of the
Settlement Dated 02.01.2025 is integral
part of this Settlement Agreement and the
same is annexed herewith for the kind
perusal of this Hon’ble Court as ANNEXURE
1.
6. Both the parties hereto have arrived at
an amicable settlement on the following
terms and conditions for dissolution of
marriage by mutual consent:-
A. That the parties have agreed that the
Respondent-husband will pay to the
Petitioner-wife a total sum of Rs.
70,00,000/- (Seventy Lakhs Only) towards
full and final settlement of all her claims
towards her permanent alimony, Stridhan,
maintenance (past, present and future).B. It is agreed between the parties that
they will move an application jointly
before the Hon’ble Supreme Court under
Article 142 of Constitution of India for
invoking inherent powers of the Hon’ble
Supreme Court praying for divorce by mutual
consent as parties are staying separately7
since 15.12.2018 i.e. for the last more
than six years and there is irretrievable
break down of the marriage.
C. That it was also settled between the
parties that both the parties shall
withdraw their all the cases which have
been filed by them against each other
within 3 months of Execution of the Present
Settlement.
D. That it was also settled between the
parties that after execution of the
Settlement no any party will file any other
litigation against each other in future
before any Court of law.
MODE OF PAYMENT
I. The Respondent –husband shall pay the
first installment for a sum of Rs.
20,00,000/- (Rupees Twenty Lakhs only) in
favour of the Petitioner wife by way of
demand draft at the time of Execution/
Signing of the Joint Affidavit before
Notary Public in Supreme Court of India on
17.02.2025.
II. The Respondent –husband shall pay the
Second installment for a sum of Rs.
20,00,000/- (Rupees Twenty Lakhs only) in
favour of the Petitioner wife by way of
demand draft at the time of filing of the
Joint Affidavit/Application before Hon’ble
Supreme Court of India on or before
17.03.2025.
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III. The Respondent –husband shall pay the
balance amount for a sum of Rs. 30,00,000/-
(Rupees Thirty Lakhs only) in favour of the
Petitioner wife by way of demand draft at
the time of final hearing of Joint
Application accompanied with the Joint
Affidavit before the Hon’ble Supreme Court
of India.
IV. CHILD CUSTODY :- That the Custody of
the child shall be governed as per
settlement dated 02.01.2025 before the Ld.
Court of District Judge, Bulandshahar U.P
(ANNEXURE 1).
7. That by signing this Agreement the
parties hereto solemnly state and affirm
that they have no further claims or demands
against each other including maintenance,
or any movable or immovable property and
all the disputes and differences have been
amicably settled by the parties hereto
through the process of mediation and they
will bound by the Settlement.
8. The parties undertake to abide by the
terms and conditions set out in the above
mentioned Settlement Agreement, which have
been arrived with free will of the parties
without any coercion, duress or collusion
and parties undertake not to raise any
dispute whatsoever henceforth.
9. The contents of this settlement –
agreement have been explained to all the
parties through their respective counsels
and they have understood the same.”
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h) A decree shall be drawn in terms of this
order by incorporating the aforesaid terms of
the Settlement Agreement dated 30th January,
2025.
8. We compliment the parties and their respective
advocates for taking a reasonable stand. We also
appreciate the role payed by the learned Mediator.
9. The appeals are accordingly disposed of.
MA 427/2025 in SLP(C) No. 28268/2024
10. In view of disposal of the appeals in terms of the
Settlement Agreement dated 30th January, 2025, no order is
required to be passed. It is ordered accordingly.
11. Miscellaneous Application stands disposed of.
……………………..J.
(ABHAY S.OKA)
……………………..J.
(UJJAL BHUYAN)
NEW DELHI;
May 05, 2025
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ITEM NO.51 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3429/2024
[Arising out of impugned final judgment and order dated 14-12-2023
in CRR No. 1842/2022 passed by the High Court of Judicature at
Allahabad]
NAZISH PARVEEN Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ORS. Respondent(s)
([MEDIATION REPORT RECEIVED]
IA No. 60272/2024 – EXEMPTION FROM FILING O.T.
IA 104081/2025 – JOINT APPLICATION UNDER ARTICLE 142 OF THE
CONSTITUTION OF INDIA SEEKING DISSOLUTION OF MARRIAGE BY MUTUAL
CONSENT AND DIRECTIONS)
WITH Diary No(s). 48675/2024
(IA No. 29854/2025 – CONDONATION OF DELAY IN REFILING / CURING THE
DEFECTS
IA No. 29855/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 29856/2025 – EXEMPTION FROM FILING O.T.)
MA 427/2025 in SLP(C) No. 28268/2024 (FOR ADMISSION)
Date : 05-05-2025 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE ABHAY S. OKA
HON’BLE MR. JUSTICE UJJAL BHUYANBy Courts Motion
For Petitioner(s) :
Mr. Ritesh Agrawal, AOR
Mr. Sunder Khatri, Adv.
Ms. Priyanshi Sharma, Adv.
Ms. Rukhsar Ansari, Adv.
Mr. Rajesh Kumar Chaurasia, AOR
Mr. L. Passi, Adv.
Mr. Sujeet Kumar, Adv.
Mr. Shailendra Kumar Nirmal, Adv.
Mr. Devender Singh, Adv.
Mr. Anurag Jain, Adv.
Mr. Gautam Kumar, Adv.
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Mr. Kundan Kumar Mishra, AOR
Mr. Ratnesh Kumar, Adv.
For Respondent(s) :
Dr. Vijendra Singh, AOR
Ms. Preeti Goel, Adv.
Mr. Krishna Pandey, Adv.
Ms. Kumar Abhinandan, Adv.
Mr. Kumar Abhinandan, Adv.
Ms. Apurva Singh, Adv.
Mr. Kundan Kumar Mishra, AOR
Mr. Ratnesh Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E RLeave granted in Special Leave Petitions.
The appeals and the Miscellaneous Application are
disposed of in terms of the signed order.
Pending applications also stand disposed of.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.)
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