Supreme Court – Daily Orders
Shabnam Rashid vs Rashid Malik on 5 August, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CRIMINAL) NO(S). 647-651/2024
SHABNAM RASHID & ORS. ETC. PETITIONER(S)
VERSUS
RASHID MALIK & ANR. ETC. RESPONDENT(S)
O R D E R
1. The present proceedings are for transfer of the petitions
from Bareilly, Uttar Pradesh to Saket Court, New Delhi.
However, in the course of hearing, a settlement has been
arrived at between petitioner-Shabnam Rashid and respondents-
Mohammad Rashid Malik & Shifa Malik. Thereafter, the parties
also appeared before the Registrar (Judicial) of this Court and
have agreed to the terms and conditions of Settlement dated
01.05.2025.
Signature Not Verified
Digitally signed by
Nirmala Negi
Date: 2025.08.08
12:47:45 IST 2. The matter has now come up before this Court. The
Reason:
marriage between the parties was solemnized on 27.05.1990. Out
of the wedlock, they have two children: one son aged about 34
2
years old and one daughter aged about 30 years old. The parties
have been living separately since the year 2019. The
respondent- Mohammad Rashid Malik has also married again and
has a second wife. Petitioner- Shabnam Rashid lives separately.
They have lived separately now for more than five years. Both
the parties have agreed that they cannot live together and
there is absolutely no chance of reconciliation of their
marriage which has broken down irretrievably. The parties have
moved a joint application (I.A. No. 184094/2025) under Article
142 of the Constitution of India seeking dissolution of
marriage and consequential reliefs in view of the settlement.
The terms and conditions of the Settlement are as follows:-
THIS AGREEMENT THEREFORE WITNESSETH AS UNDER:
A. That the Second Party agrees and undertakes to pay to the First Party a total sum
of Rs. 60,00,000/- (Rupees Sixty Lakhs Only) towards the settlement of her
claims in relation to Mehr and one-time maintenance arising from the
matrimonial relationship.
B. The Second Party agrees and undertakes that the said amount of Rs. 60,00,000/-
(Rupees Sixty Lakhs Only) shall be paid by him to the First Party in 3 (Three)
installments and in the following manner:
a. Cheque number 328957 dated 07.05.2025 (SBI Bank, Branch:
Rampur Garden, Bareilly, U.P.; A/C No. 35127614974) of the
amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) towards the First
Instalment has already been handed over by the Second Party to the First Party,
drawn in the name of the First Party, simultaneously at the time of execution of
the present Agreement. The Parties agree that the execution of the present
Agreement is only acknowledgment of the handing over of cheque of Rs.
3
20,00,000/- and not of the encashment thereof. The Second Party agrees and
undertakes that the said cheque handed over shall be honoured without fail on any
date after 07.05.2025. It is agreed that the First Party shall present / deposit the
same to / before her concerned bank any time on / after 07.05.2025.
b. Rs. 20,00,000/- (Rupees Twenty Lakhs only) shall be paid by the
Second Party to the First Party by way of RTGS /Demand
Draft/NEFT/IMPS on or before 15.06.2025.
c. Rs. 20,00,000/- (Rupees Twenty Lakhs only) shall be paid by the
Second Party to the First Party by way of RTGS /Demand
Draft/NEFT/IMPS on or before 30.07.2025.
C. That subject to the fulfillment of all the terms and conditions of the present
Settlement Agreement / Memorandum of Understanding, the Parties herein
agree and undertake that they have No Objection to the quashing of all pending
litigations, including any / all criminal and civil proceedings, instituted by any
of the Parties against each other and / or their respective family members by the
Hon’ble Supreme Court of India in exercise of its inherent powers under Article
142 of the Constitution of India as will be filed before the Hon’ble Supreme
Court as per Clause F hereinbelow. The said pending litigation includes:
a. An Application under the Protection of Domestic Violence Act, 2005
filed by the First Party against the Second Party, bearing C.C. No.
14957 of 2019 titled “Shabnam Rashid v. Rashid Malik”, before
the Ld. Metropolitan Magistrate South-East, Saket District Court,
New Delhi (alongwith all proceedings emanating therefrom filed by
the First and the Second Party), including but not limited to:
• Crl. Rev. P. No. 200/2021 titled “Shabnam Rashid v. Rashid
Malik” pending before the Hon’ble High Court of Delhi.
• Crl. Rev. P. No. 247/2021 titled “Shabnam Rashid v. Rashid
Malik” pending before the Hon’ble High Court of Delhi.
4
• Execution Petition No. 244/2024 titled “Shabnam Rashid v. Rashid
Malik” pending before Ld. Metropolitan Magistrate South-East Saket
District Courts, New Delhi.
• Crl. Rev. P. (Mat.) No. 85 of 2024 titled “Shabnam Rashid v. Rashid
Malik” pending before the Hon’ble High Court of Delhi.
• Crl. Rev. P. No. 1239 of 2024, titled “Rashid Malik v. Shabnam
Rashid” pending before the Hon’ble High Court of Delhi.
• Cont. Cas. (C) No. 1978 of 2024 titled “Shabnam Rashid v. Rashid
Malik” pending before the Hon’ble High Court of Delhi.
b. A Petition under Section 125 Cr.P.C. filed by First Party against
Second Party, bearing Case No. 163 of 2020 titled “Shabnam Rashid
v. Rashid Malik”, pending before the Ld. Family Court, South-East,
Saket District Court, New Delhi (alongwith all proceedings emanating
therefrom filed by the First and the Second Party).
c. Criminal proceedings emanating from FIR No. 50/2019 under
Sections 498- A, 323 and 504 IPC filed by First Party against Second
Party, bearing Crl. Case No. 27390 of 2024 titled “State v. Rashid
Malik”, pending before the Ld. Metropolitan Magistrate, South-East,
Saket District Courts, New Delhi (alongwith all proceedings emanating
therefrom filed by the First and the Second Party).
d. Criminal proceedings emanating from FIR No. 43/2020 under
Sections 468, 471 and 120B of IPC, PS Mahila Thana, Bareilly, Uttar
Pradesh filed by the Second Party against First Party and her relatives,
bearing Criminal Case No. 16543 of 2024 titled “State v. Shabnam
Rashid & Ors.”, pending before the Courts of Learned Chief Judicial
Magistrate, Bareilly, Uttar Pradesh (alongwith all proceedings
5emanating therefrom filed by the First and the Second Party) including
but not limited to:
• Criminal Revision Petition No. 135/2022 titled “Shabnam Rashid v.
Rashid Malik” pending before the Ld. Additional District and Sessions
Judge, Bareilly, Uttar Pradesh.
• Criminal Misc. W.P. No. 19333 of 2024 titled “Shabnam Malik &
Ors. v. State of U.P. & Ors.” pending before the Hon’ble High
Court of Allahabad.
• Application No. 2588 of 2025 titled “Shabnam Malik & Ors. v. State
of U.P. & Ors.” pending before the Hon’ble High Court of Allahabad.
e. Criminal proceedings arising out of FIR 29/2022 under Section 174-A
IPC filed against First Party and her relatives bearing Case No. 6379
of 2022 titled “State v. Shabnam and Ors.”, pending before the Court
of Ld. Chief Judicial Magistrate, Bareilly District Courts, Bareilly,
Uttar Pradesh (alongwith all proceedings emanating therefrom filed by
the First and the Second Party) including but not limited to:
• Application No. 23750 of 2024 titled “Shabnam Rashid & Ors. v.
State of U.P. & Anr.”, before the Hon’ble High Court of Allahabad.
f. An Application under Section 156(3) Cr.P.C. filed by the Third Party
against the First Party and her relatives bearing Misc. Case No. 1929
of 2019 titled “Shifa Malik v. Faheem & Ors.”, pending before the Ld.
Chief Judicial Magistrate, Bareilly District Courts, Bareilly, Uttar
Pradesh. (alongwith all proceedings emanating therefrom filed by the
First and the Second Party).
g. Criminal proceedings arising out of FIR No. 129/2021 under Sections
147, 354, 506, 307, 511, 452, 323, 504 IPC and 67 IT Act filed by the
Third Party against the First Party and her relatives bearing Misc.
Case No. 264 of 2022 titled “State v. Shabnam & Ors.”, pending
6before the Court of Ld. Chief Judicial Magistrate, Bareilly District
Courts, Bareilly, Uttar Pradesh (alongwith all proceedings emanating
therefrom filed by the First and the Second Party) including but not
limited to:
• W.P. (Crl). No. 27853 of 2022 titled “Shifa Malik v. State of U.P.
& Ors.” pending before the Hon’ble High Court of Allahabad.
h. An Application under the Protection of Domestic Violence Act, 2005
filed by the Third Party against the First Party, her children and her
relatives, bearing C.C. No. 1579 of 2019 titled “Shifa Malik v. Mohd.
Farooq Malik & Ors.”, pending before the Ld. Magistrate Bareilly
District Courts, Bareilly, Uttar Pradesh (alongwith all proceedings
emanating therefrom filed by the First and the Second Party).
D. That additionally, the Second Party agrees and undertakes to discharge all / any
financial liability arising out of the following Complaint Cases instituted u/s 138
of Negotiable Instrument Act, 1881 against Sanya Malik (daughter) in relation
to alleged cheques issued from the joint account held by Sanya Malik (daughter)
with the Second Party, bearing Account No. 07440100033645 at Bank of
Baroda, Bareilly, within 3 weeks from the execution of the present Settlement
Agreement / Memorandum of Understanding:
a. Complaint Case No. 513 of 2021 titled “Mahendra Kumar v. Sanya
Malik” under Section 138, Negotiable Instrument Act, 1881 initiated
against Sanya Malik (daughter).
b. Complaint Case No. 1678/2021 titled “Mahendra Kumar v. Sanya
Malik”, Case under Section 138, Negotiable Instrument Act, 1881
initiated against Sanya Malik (daughter).
In relation to the said account bearing Account No. 07440100033645 at Bank of
Baroda, Bareilly, the First Party shall get and hand over a duly signed account
7closing form for the said account and shall hand over the same (through
counsel) to the Second Party before the Hon’ble Supreme Court at the time of
passing of the final order under Article 142 of the Constitution of India.
E. That immediately upon the execution of the present Agreement and receipt of
the first instalment of ₹20,00,000/- (Rupees Twenty Lakhs only), the Parties
agree and undertake that they shall forthwith:
a. Inform the concerned Courts, wherein civil and criminal litigations
enumerated hereinabove are pending, about the present Settlement
arrived at between the Parties and request the Courts to not proceed
with the matters to ensure that no further coercive steps will be taken
against either Party or their respective family members; andb. Inform the respective Investigating Officers / SHO / authorities of the
present Settlement and likewise submit a written communication
requesting that no coercive action be initiated or continued against
either Party or their relatives in view of the present Settlement.
F. That it is agreed that simultaneously with the receipt of the last instalment
of ₹20,00,000/- (Rupees Twenty Lakhs only) on / before 30.07.2025, the Parties
shall file an appropriate Joint Application before the Hon’ble Supreme Court
of India under Article 142 of the Constitution of India seeking a decree of
divorce. Vide the said Application, the Parties shall also seek quashing of all
civil and criminal proceedings mentioned in Clause C of the present Agreement.
G. That the Second Party agrees and undertakes that he has No-Objection if Mr.
Faheem, the brother of the First Party, who is currently lodged in Kendriye
Karagar – 02, District Jail, Bareilly in connection with FIR No. 43/2020, under
Sections 195, 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860 at PS
Mahila Thana, Bareilly, Uttar Pradesh, lodged by the Second Party against the
First Party and her relatives, is forthwith released from judicial custody.
H. That at the time of execution of the present Agreement, the Second Party has
also executed and handed over to the Second Party a notarized / attested No-
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Objection Affidavit for facilitating the immediate release on bail of Mr. Faheem,
brother of the First Party. In the event that the Hon’ble Supreme Court is not
inclined to exercise its powers under Article 142 of the Constitution of India and
release Mr. Faheem, the brother of the First Party, on bail or in the event that the
date of hearing before the Hon’ble Supreme Court is later than the next date of
hearing in ‘Faheem v. State of U.P.’ before the Hon’ble High Court of Uttar
Pradesh at Allahabad in Criminal Misc. Bail Application No. 8942 of 2025, the
Second Party undertakes to appear in person or through VC on the said date of
hearing and give an oral No-Objection to the release of Mr. Faheem on bail. The
Second Party further undertakes that he shall not, in any manner whatsoever,
oppose, object to or cause any impediment in the consideration or grant of bail
to Mr. Faheem by any Hon’ble Court, forum, or authority where any such
application may be filed / may be pending.
I. That the Parties further undertake that they shall make all necessary statements
before the Hon’ble Supreme Court or any other Court / Authority to facilitate
the quashing of all the proceedings as envisaged above in Clause C and shall
also cooperate with the same in every manner inter alia, by executing Affidavits,
Applications, No-Objection Certificates as may be required.
J. That apart from the legal proceedings specifically mentioned hereinabove which
are required to be withdrawn / quashed, it is agreed by and between the Parties
that all / any other civil, criminal or quasi-criminal proceedings, complaints,
petitions, or cases of any nature whatsoever, whether pending before any Court,
police authority, tribunal, or any other forum, which may have been initiated by
either Party against the other or at the behest of either Party, shall be deemed to
have been fully and finally compromised, settled and resolved inter se. The
Parties further agree to take all necessary steps for the withdrawal and / or
quashing of such proceedings, if any, and undertake not to pursue or initiate any
further action in relation thereto in the future. It is agreed and undertaken by the
Parties that this shall include the withdrawal Complaints / representations /
9grievance raised or made against any of the counsels representing either of the
parties in any of the proceedings.
K. That the First Party shall transfer the land registered in her name, the details of
which are mentioned hereinbelow, in favour of the Second Party by executing a
registered Conveyance Deed, either directly or through any duly appointed
attorney, subject to the entire settlement amount of Rs. 60,00,000/- (Rupees
Sixty Lakhs Only) having been received by the First Party from the Second
Party and within two weeks of the receipt thereof.
a. One Land Account Number: 00376 at Village Ratnanandpur,
Nawabganj, Bareilly, Uttar Pradesh bearing Khasra No. 501
admeasuring 0.490 hectares (6.47 bighas).
b. One Land Account Number: 00494 at Village Ratnanandpur,
Nawabganj, Bareilly, Uttar Pradesh bearing Khasra No. 502
admeasuring 0.1030 hectares (1.36 bighas).
L. That the Parties agree that the execution, registration and all related formalities
for the transfer of the aforesaid lands shall be completed in favour of the Second
Party subject to all costs, charges, and expenses incidental to and arising out of
the execution and registration of the Conveyance Deed(s), including but not
limited to stamp duty, registration charges, legal fees, and other incidental costs,
being solely borne by the Second Party. It is agreed between the Parties that the
First Party shall not be responsible for any costs, charges, and expenses
incidental to and arising out of the execution and registration of the Conveyance
Deed(s), including but not limited to stamp duty, registration charges, legal fees,
and other incidental costs.
M. That within the first week of July 2025, the First Party agrees and undertakes to
cooperate in facilitating the closure of the following joint bank accounts
maintained between the First Party and the Second Party. In relation to the same,
the First Party shall handover the duly signed bank closing forms (through
10counsel) during the said first week of July 2025. It is expressly agreed between
the Parties that any and all amounts lying deposited in the aforesaid accounts
shall exclusively belong to and be received by the Second Party, and the First
Party shall not have, and shall not claim, any right, title, or interest therein,
subject to the one time settlement amount of Rs. 60,00,000/- (Rupees Sixty
Lakhs Only) having been received by the First Party from the Second Party:
a. Account No. 17480100006130 – Bank of Baroda – in the names of
Mohammad Rashid Malik and Shabnam Rashid.
b. Account No. 305402010015551 – Union Bank of India – in the names
of Mohammad Rashid Malik and Shabnam Rashid.
c. Account No. 305402010013018 – Union Bank of India – in the names
of Mohammad Rashid Malik and Shabnam Rashid.
d. Account No. 56700100001557 – Regional Rural Bank, Bareilly – in
the names of Mohammad Rashid Malik and Shabnam Rashid.
N. That the Parties agree that subject to the Parties abiding by and complying with
the terms of the present Agreement in its true letter and spirit, they shall not file
any further Complaint(s) or Petition(s) against each other or each other’s family
members, relatives, friends, etc., either under Civil Law or Criminal Law within
the jurisdiction in India or abroad and all the cases lodged by the Parties shall
stand withdrawn / quashed subject to fulfilment of all the terms of the present
Agreement.
O. That subject to the fulfilment of the present Agreement, the Parties agree and
undertake that they are giving up any grievance and they shall not have any
grievances against each other, therefore, in view of the same, they have further
undertaken that they shall not level any allegations or file any cases against each
other or each other’s parents / relatives and shall not act in a manner so as to
harm the reputation and image of each other, in the family or at their work place
11or the society at large.
P. That the Parties agree and undertake not to make any allegations against each
other or their respective family members, which includes not indulging in any
defamatory activities against each other or their respective family members
either themselves or through any third party or any relative.
Q. That the Parties agree that the present Agreement is effective and enforceable
from date of its execution and shall remain effective and binding till all the
terms and conditions stipulated in the present Agreement have been fulfilled in
letter and spirit.
R. That the Parties agree and undertake that they have executed the present
Settlement Agreement / MOU without perpetration of any force, undue
influence or coercion from any quarter.
S. That in case any of the Parties fails to comply with any of the terms and / or
conditions of the present Agreement, the other Party / Parties shall have every
right to initiate appropriate legal proceedings in the appropriate legal / quasi-
legal forum against the defaulting Party, including contempt proceedings under
the provisions of Contempt of Courts Act, 1971.
T. That the Parties agree and undertake that time is of the essence in relation to the
payment obligations set forth hereinabove. In the event the Second Party fails to
remit the total balance amount of ₹60,00,000/- (Rupees Sixty Lakhs only) on or
before 30.07.2025 as stipulated in Clause B above, the Second Party agrees and
undertakes that he shall, without demur, be liable to pay to the First Party a
further sum of ₹60,00,000/- (Rupees Sixty Lakhs only) i.e., Rs. 1,20,00,000/-
(Rupees One Crore Twenty Lakhs Only) in lieu thereof towards her
maintenance, as mutually acknowledged for breach of the present Agreement.
The Parties agree and undertake that this clause shall be specifically enforceable
and shall not be construed as a penalty but as a genuine pre-estimate of loss and
inconvenience caused due to such default. It is further agreed and undertaken by
12the Second Party that if the cheque handed over by the Second Party in favour of
the First Party as mentioned under Clause B (a) is not encashed upon
presentation and it gets dishonoured, the present clause will become applicable
and he shall be liable to pay a total sum of Rs. 1,20,00,000/- (Rupees One Crore
Twenty Lakhs Only) towards maintenance of the First Party. Furthermore, in the
event that the First Party does not proceed with the entire settlement / MoU, she
shall be liable to refund the twice the amount received by her from the Second
Party till that time.
U. That the Parties have executed the present Agreement in the presence of
witnesses. The Parties are estopped from assailing / challenging the signature(s)
of the other Party / Parties or their own signatures after its execution before any
Court.
V. That the contents of the present Settlement Agreement / MoU have been read
over and understood by the Parties herein in their vernacular language by their
respective counsels and they have agreed to remain bound by the same.
W. That there is no collusion or connivance between the Parties with regard to the
present Agreement.
X. That the present Agreement has been signed in duplicate and one copy has been
retained by the First Party and one copy has been retained jointly by the Second
and Third Parties.
Y. That the present Agreement shall be governed by and construed in accordance
with the laws of India.”
3. Under these circumstances, the criminal/civil cases as
referred above only, pending before the Family Court/Trial
Court/Magistrate, are hereby quashed or stands abated, as the
13case may be, and in the cases which are pending before the High
Court, which emanated from the orders of Trial
Court/Metropolitan Magistrate, the parties are at liberty to
move an appropriate application which shall be dealt with
accordingly by the High Court.
4. The subsequent action with regard to the closure of bank
accounts will take place in accordance with law. We have been
informed that Rs.60 lakh have been paid by the respondent-
husband to the petitioner-wife which is admitted by her. We
have also been informed at the Bar that the terms and
conditions of the settlement are, by and large, complied with
by both the parties.
5. In such circumstances, we allow the prayers of the
parties in exercise of our jurisdiction under Article 142 of
the Constitution of India and dissolve the marriage of
petitioner – Shabnam Rashid and respondent – Rashid Malik.
There shall be a decree of divorce by mutual consent between
the petitioner – Shabnam Rashid and the respondent- Mohammad
Rashid Malik.
6. The parties before us have further stated that they have
no further claim against each other.
7. Let decree be drawn up expeditiously. The Registry shall
inform about this order to the respective Courts (Family
Court/Trial Court/Magistrate), in which proceedings are
pending, that the aforesaid cases stand quashed or abated, as
the case may be.
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8. The present petitions along with IA No. 184094/2025 shall
stand disposed of.
9. Pending application(s), if any, shall also stand disposed
of.
……………….J.
[SUDHANSHU DHULIA]
……………….J.
[N.V. ANJARIA]
New Delhi;
August 05, 2025.
15
ITEM NO.1 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s). 647-651/2024
SHABNAM RASHID & ORS. ETC. Petitioner(s)
VERSUS
RASHID MALIK & ANR. ETC. Respondent(s)
IA No. 161189/2024 – EX-PARTE STAY, IA No. 162213/2024 – EXEMPTION
FROM FILING O.T., IA No. 162212/2024 – PERMISSION TO FILE
ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 161193/2024 –
PERMISSION TO FILE LENGTHY LIST OF DATES, IA No.184094/2025-JOINT
APPLICATION FOR DISSOLUTION OF MARRIAGE
Date : 05-08-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE N.V. ANJARIAFor Petitioner(s) Ms. Shivani Luthra Lohiya, Adv.
Mr. Nitin Saluja, AOR
Mr. Rishabh Dahiya, Adv.
Mr. Kwan Jaggi, Adv.
For Respondent(s) Mr. Danish Zubair Khan, AOR
Dr. Lokendra Malik, Adv.
Mr. George Pothan Poothicote, Adv.
Ms. Sakshi Kakkar, AOR
Mr. Mrigank Mishra, Adv.
UPON hearing the counsel the Court made the following
O R D E RThe present petitions with IA No.184094/2025 are disposed of
in terms of the signed order, which is placed on the file.
Pending application(s), if any, shall also stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
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