SMT. MEHRUNNISA AND 2 OTHERS v. State of UP AND ANOTHER
A482/36147/2024 · 2025-05-07
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105359 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:75077 Court No. - 75 Case :- APPLICATION U/S 482 No. - 36147 of 2024 Applicant :- Smt. Mehrunnisa And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- Devesh Kumar Shukla,Dharmesh Kumar Shukla,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Saqib Meezan, learned counsel for the applicants, Sri Shivam Mishra, Advocate, holding brief of Sri Devesh Kumar Shukla, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned order dated 25.04.2024 passed by learned Judicial Magistrate, Atrauli, District- Aligarh in Case No. 4042/2024,
"State Vs. Zeeshan and others" and the impugned charge- sheet dated 27.08.2023 arising out of Case Crime No. 474/2023 u/s 498-A, 323, 506 I.P.C., Police Station- Atrauli, District- Aligarh and entire proceedings of Case No. 4042/2024, pending before the court of learned Judicial Magistrate, Atrauli, District- Aligarh. 3. This matter was heard on 06.12.2024, 07.01.2025, 20.01.2025, 17.02.2025, 06.03.2025, 08.04.2025 and after brief counselling by the Court, parties have settled their dispute and ultimately matter was referred to Mediation Centre, High Court, Allahabad vide order dated 28.04.2025. In pursuance of order dated 28.04.2025 of this Court, parties have also participated in the mediation proceedings and have settled their dispute and a settlement agreement dated 04.05.2025 was also entered into between the parties. 4. From the perusal of record, it appears that there is a report
of mediation centre dated 04.05.2025 showing that a settlement agreement has been entered into between the parties on 04.05.2025 and as per the settlement agreement, both the parties have decided to settle their dispute amicably and it was also decided that the applicant no. 3, Zeeshan and opposite party no. 2, Smt. Sheeba, will remain together peacefully as husband and wife. Paragraph no. 7 of the settlement agreement dated 04.05.2025 is being quoted as under:
"7. The following settlement has been arrived at between the Parties hereto: a) That as per the order dated 20.01.2025 passed by the Hon'ble Court, both the parties are living together as husband and wife in perfect harmony, hence there is no need for interim settlment.
In continuation of the aforesaid, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives. b) That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. c) That the parties undertake not to commit any kind of cruelty against each other in any manner whatsoever. d) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere. e) That the husband undertakes to take care of his wife and children fulfill all essential requirements and amenities to them in future. f) That it has also been agreed between the parties that all civil and criminal cases, if any, filed by them against each other or their family members regarding present matrimonial dispute, shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. g) That the parties will not file any fresh case against each other or their family members in respect of present matrimonial dispute. h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
5. Considering the fact that parties have settled their dispute and a settlement agreement was also executed between the parties on 04.05.2025 before the Mediation Centre, High Court, Allahabad, therefore, in such circumstances, permitting
to continue the impugned proceeding will amount to travesty of justice. 6. Thus, in view of the well settled principles of law as laid down by the Hon'ble Apex Court reported in 2003(4) SCC 675 (B.S. Joshi Vs. State of Haryana), J.T. 2008(9) SC 192 (Nikhil Merchant Vs.
Central Bureau of investigation and another), (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), (2014) 9 SCC 653 (Yogendra Yadav and others Vs. State of Jharkhand) and also (2014) 6 SCC 466 (Narendra Singh Vs. State of Punjab), and in view of the settlement agreement dated 04.05.2025, the proceeding of the aforesaid case is hereby quashed. 7. The present application is, accordingly, allowed. Order Date :- 8.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad