Allahabad High Court
Sikandar And Others vs State Of U.P. Thru. Prin. Secy. Home … on 17 January, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:3191 Court No. - 12 Case :- APPLICATION U/S 482 No. - 5767 of 2022 Applicant :- Sikandar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohammad Aziz Mansuri Counsel for Opposite Party :- G.A.,Chandra Shekhar Singh Yadav Connected with Case :- APPLICATION U/S 482 No. - 4850 of 2023 Applicant :- Tabsum @ Tabsum Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Mohammad Aziz Mansuri Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Since both the applications arise out of the same FIR/case crime number, the same are being disposed of by a common order.
2. Heard learned counsel for the applicant(s), learned counsel for opposite party no.2, learned A.G.A. for the State and perused the material available on record.
3. Application No.5767 of 2022 under Section 482 Cr.P.C. has been filed for the following main relief(s):-
“For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon’ble Court may be pleased to quash the entire proceeding of F.I.R. no. 0123/2021 (State vs. Sikandar Husain and others), as well as quash the charge sheet no. 336 of 2022 dated 10/12/2021 arising out of F.I.R. no. 0123/2021 u/s 498-A/323/504/506 I.P.C. and Section 3/4 Dowery Prohibition Act, Police Station – Sadatganj, District Lucknow, as well as impugned cognizance and summoning order dated 15/06/2022, passed by the learned Court of Additional Chief Judicial Magistrate, 3rd, Lucknow, District Lucknow, in F.I.R. no. 0123/2021 (State vs. Sikandar Husain and others), u/s 498-A/323/504/506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station – Sadatganj, District Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate 3rd, Lucknow, District Lucknow.
Further an ad-interim relief may also be granted in favour of the applicants directing the Court of learned Additional Chief Judicial Magistrate 3rd, Lucknow, District Lucknow, not to take any coercive measures in pursuance of the F.I.R. no. 0123/2021 (State vs. Sikandar Husain and others), u/s 498-A/323/504/506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Sadatganj, District Lucknow.”
4. Application No.4850 of 2023 under Section 482 Cr.P.C. has been filed seeking the following main relief(s):-
“For the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon’ble Court may be pleased to quash the entire proceeding of F.I.R. no. 0123/2021 (State vs. Sikandar Husain and others), as well as quash the charge sheet no. 01 dated 10/12/2021 arising out of F.I.R. no. 0123/2021 u/s 498-A/323/504/506 I.P.C. and Section 3/4 Dowery Prohibition Act, Police Station Sadatganj, District Lucknow, as well as impugned cognizance and summoning order dated 15/06/2022, passed by the learned Court of Additional Chief Judicial Magistrate, 3rd, Lucknow, District Lucknow, in F.I.R. no. 0123/2021 (State vs. Sikandar Husain and others), u/s 498-A/323/504/506 I.P.C. and Section 3/4 Dowery Prohibition Act, Police Station Sadatganj, District – Lucknow, pending in the Court of learned Additional Chief Judicial Magistrate 3rd, Lucknow, District Lucknow.
Further an ad-interim relief may also be granted in favour of the applicant directing the Court of learned Additional Chief Judicial Magistrate 3rd, Lucknow, District Lucknow, not to take any coercive measures in pursuance of the F.I.R. no. 0123/2021 (State vs. Sikandar Husain and others), u/s 498-A/323/504/506 I.P.C. and Section 3/4 Dowery Prohibition Act, Police Station – Sadatganj, District – Lucknow.”
5. Indisputably, the dispute between the parties is matrimonial in nature as an FIR registered as FIR No.0123 of 2021, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act was lodged by opposite party no.2. The matter has been settled, as appears from Annexure -D to the report of Mediation & Conciliation Centre of this Court in Form 5 -Annexure -E. The settlement between the parties reads as under.
“This SETTLEMENT AGREEMENT entered into on 01.03.2023 between Sikandar son of Late Mabir, Resident of House No. B-42/345, Opposite Sharma Tyre, Bagichi Mangal Das, VTC, Kotwali Kila Chowk, District- Patiyala, State of Punjab [FIRST PARTY/HUSBAND] and Reshma Mirza wife of Sikandar Husain, daughter of Sausar Mirza, resident of 390/448, Chotey Sahab Alam Road, Rustam Nagar, Police Station Sadatganj, Lucknow [SECOND PARTY/WIFE]
WHERE AS
1. Disputes and differences had arisen between the Parties here to and Application U/S 482 Cr. P. C. No. 5767 of 2022 (Sikandar And Others Vs. State of U P & Another) was filed in the High Court of Judicature at Allahabad, Lucknow.
2. The matter was referred to Mediation/Conciliation vide an order dated 12.09.2022 passed by Hon’ble Mr. Justice Ajai Kumar Srivastava-1.
3. The parties agreed that Mr. Yashovardhan Swarup, Advocate and Mrs. Sandhya Dubey, Advocate would act as their Mediators/Conciliators.
4. Several meetings were held during the process of Conciliation/Mediation and the parties have with the assistance of the Mediators/Conciliators voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators/Conciliators.
6. The following settlement has been arrived at between the Parties hereto:
A) That both the parties have agreed to dissolve their marriage and live separately in future in terms of takaqnama dated 28.02.2023 signed by both the parties.
B) The parties have agreed that for the purpose of dissolution of their marriage, they shall file an appropriate application before the Family Court, Lucknow under Dissolution of Muslim Marriages Act, 1939 for seeking divorce from each other with mutual consent upto 17.03.2023. Both the parties undertake to co-operate each other to get a decree of dissolution of marriage.
C) That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a sum of Rs. 2,00,000/- (Rupees Two Lacs) towards one time full and final settlement of all the claims of the Second Party including the claim for permanent alimony against the First Party.
D) That out of entire amount of Rs. 2,00,000/- (Rupees Two Lacs), a sum of Rs. 70,000/- (Rupees Seventy Thousand) has been paid to the Second Party by the First Party through two Demand Drafts today i.e. 01.03.2023. The details of the Demand Drafts are as under:
I. D. D. No. 602096 dated 28.02.2023, Rs. 40,000/- (Rupees Forty Thousand) in the name of Reshma Mirza, issued from State Bank of India Branch at High Court, Lucknow.
II. D. D. No. 602096 dated 28.02.2023, Rs. 30,000/- (Rupees Thirty Thousand) in the name of Reshma Mirza, issued from State Bank of India Branch at High Court, Lucknow.
III. CS/1354/2021 under restitution of conjugal rights pending before Civil Court Patiyala in the Court of Civil Judge (Sr. Division) Patiyala, Punjab.
E) The parties have agreed that a sum of Rs. 30,000/- (Rupees Thirty Thousand) Shall be paid by the First Party to the Second Party on the date of filing of application for dissolution of their marriage under Muslim Marriages Act, 1939 i.e. by 17.03.2023.
F) The parties have agreed that the balance amount of Rs 1,00,000/- (Rupees One Lacs shall be paid to the Second Party by the First Party, on the date to be fixed for final otion in the application for dissolution of their marriage under Muslim Marriages Act, 1939 before Family Court, Lucknow.
G) That both the parties have agreed to withdraw/not press all the cases filed against each other, the details of which are as under:
I. Criminal Case No. 336 of 2022 arising out of FIR No. 0123 of 2021 U/S 498-A. 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Sadatganj. District-Lucknow pending before ACJM-III, Lucknow.
II. Case No. 1523 of 2021 U/S 125 Cr. P. C. pending in the Court of Additional Principal Judge-I, Family Court, Lucknow.
III. Case No.
H) In addition to above mentioned cases, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon’ble Court in terms of this Settlement Agreement.
I) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of any criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the present dispute or any matter incidental there to and if any proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement.
J) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail appropriate legal action.
7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to the matter involved in Application U/S 482 Cr. P. C. No. 5767 of 2022 (Sikandar And Others Vs. State of U. P. & Another) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation.
In WITNESS WHEREOF the First Party and Second Party have signed this agreement with free will without any pressure, force and coercion with the help of the mediators.”
6. It is stated that in view of the settlement arrived at between the parties, the present proceedings are liable to be quashed.
7. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed,as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed in view of the settlement and the observations made hereinabove. Consequently, the entire proceedings of FIR No.0123/2021 (Supra), indicated in the prayer, quoted above, are hereby quashed in view of settlement.
8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 17.1.2025
Anand/-
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