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2025 DAILYLAW 10708 (UTT)

ISMAT JAHAN AND ORS v. STATE OF UTTARAKHAND

C528/348/2024 · 2025-05-10

Daily Lok Adalat

body2025

Judgment text

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 10.05.2025 C-528 No. 348 of 2024 With C482 No. 2459 of 2023 Sri Ashish Naithani, J. 1. Mr. Ravi Bisht, learned counsel holding brief of Mr. Aditya Pratap Singh, learned counsel for the applicants. 2. Mr. Vipul Painuly, learned Assistant Government Advocate with Mr. Rakesh Negi, learned Brief Holder for the State. 3. Mr. Sumit Bajaj, learned counsel for respondent no.2. 4. Mr. Mahesh Chandra Pant, learned counsel/ Mediator. 5. This matter is being taken up in the National Lok Adalat held on 10.05.2025. 6. In the instant applications, a Compounding Applications (IA No. 01 of 2024) have been moved, which are supported with the affidavits of each of the applicants and respondent No. 2- Saiyada Rehman. 7. Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan and respondent No.2- complainant are present in the Court physically, however and each of them are identified by their respective counsel through their Aadhar Cards. 8. In both the applications, the applicants are facing trial in respect of Criminal Case No.1306 of 2023, for the offences punishable under Sections 498-A, 323, 377, 504, 506 IPC read with Section 3/4 of the Dowry Prohibition Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, which is pending in the Court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar. 9. Facts of the case are that the Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan married with the complainant- respondent no.2 on 03.02.2023. However, they both lived together only for two months, and since then they are living separately. Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan and respondent no.2 both have already decided with amicable settlement that they will move an application for dissolution of marriage mutually under the Dissolution of Muslim Marriage Act, 1939 before the Family Court Khatima, District Udham Singh Nagar. A specific ground has been taken by both, the Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan and the complainant- respondent no.2, that now they have decided to live separately, and to get divorce by mutual consent, and they also come up with the settlement that the applicant-husband will pay a sum of Rs.12,41,000/- to the complainant- wife as one time settlement for maintenance. They have also decided that they both will withdraw all the cases filed by them against each other. In Paragraph No.3 of the compromise it is stated that both the parties have agreed to one time settlement of maintenance and all other dues. Mr. Syed Mohd. Haleem (husband) has agreed to pay a sum of Rs.12,41,000/- through Bank Draft No.293762, dated 12.11.2024, issued by SBI Khatima (in the draft application name is mentioned Syed Muohd Naqvi), in favour of Sayyada Rahman (wife) which shall remain part of this record and Saiyada Rehman (wife) would be at liberty to move an application for the withdrawal of the same after dissolution of marriage which will be filed before Family Court Khatima, District Udham Singh Nagar/ Competent Court. This amount shall be inclusive of all kinds of liabilities, maintenance, dues etc. 10. The Demand Draft No.293762, dated 12.11.2024, which is valid for three months is apparently not executable, as it is beyond limit. 11. Applicant- husband and respondent No.2 are present in the Court physically, and I have interacted with them, and particularly, with respondent no.2, and she submits that she does not want to live with the applicant- husband. 12. In view of the above, the present compounding applications deserve to be allowed. 13. Accordingly, the compounding applications are allowed. The proceedings of Criminal Case No.1306 of 2023, for the offences punishable under Sections 498-A, 323, 377, 504, 506 IPC read with Section 3/4 of the Dowry Prohibition Act and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, which is pending in the Court of Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar, are quashed. 14. The applicant- husband (Syed Mohd. Haleem) is directed to hand over a new Demand Draft of the amount mentioned above to the respondent- wife (Saiyada Rehman) with a validity of six months on the date fixed before the Trial Court, i.e. 15.05.2025, positively. The expired Demand Draft be returned to the applicant- husband, subject to the condition mentioned hereinabove. 15. In view of this, the present applications are disposed of. 16. Pending application, if any, also stands disposed of. (Ashish Naithani, J.) 10.05.2025 9 NISHANT NISHANT KUMAR Digitally signed by NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b32 6, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD196169056 0487E670C, cn=NISHANT KUMAR Date: 2025.05.16 17:41:05 +05'30'