MOHD. ASHIF @ MANOJ KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLR/1248/2024 · 2025-09-11
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 163919 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 163919 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1248 of 2024
WITH CRIMINAL REVISION DEFECTIVE No. - 467 of 2024
Court No. - 11 HON'BLE SAURABH LAVANIA, J. With the consent of the parties, both the revisions, detailed above, are being decided by means of this common order. Heard. CRIMINAL REVISION No. 1248 of 2024 has been filed challenging the
order dated 18.07.2024 passed by learned Additional Principal Judge, Family Court No.7, Lucknow in Criminal Misc. Case No. 474 of 2014 in re: Smt. Rubina and Others Vs. Mohd. Asif alias Manoj Kumar.
CRIMINAL REVISION DEFECTIVE No. 467 of 2024 has been filed Versus Counsel for Revisionist(s) : Prabhat Kumar Counsel for Opposite Party(s) :
G.A., B/P0192 Versus Counsel for Revisionist(s) : Prabhat Kumar Counsel for Opposite Party(s) : G.A., Prabh Jot Kaur Mohd. Ashif @ Manoj Kumar .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) Mohd. Ashif Alias Manoj Kumar .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
challenging the order dated 18.07.2024 passed by learned Additional Principal Judge, Family Court No.7, Lucknow in Criminal Misc. Case No. 1323 of 2019 in re: Km. Baby Aayat Vs. Mohd. Asif alias Manoj Kumar. Considering the facts of the case also the submissions made by the
learned counsel for the parties including the dispute between the parties which is matrimonial in nature, this Court vide order dated 23.01.2025 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. In compliance of order of this Court dated 23.01.2025, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 23.07.2025 has submitted its report, which is on record, wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels. The relevant para of settlement agreement 23.07.2025 is extracted herein- under:
"The following settlement has been arrived at between the Parties hereto: A) That both the parties solemnized their marriage (Nikah) on 23.10.2011 but due to some differences they started living separately since 2014 and now they have agreed to continue to live separately in future and dissolve their marriage with mutual consent. Accordingly the parties have jointly filed a case for dissolution of their marriage with mutual consent bearing Matrimonial Case No.2484 of 2025 before Principal Judge, Family Court, Lucknow in terms this settlement agreement. B) The parties have agreed that a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) shall be paid by the First Party to the Second Party towards one time full and final settlement of all the claims of the Second Party against the First Party including the claim for temporary/permanent alimony and claim for the maintenance as well as upbringing of both their children namely Aayat Bano (daughter aged about 10 year) and Ayan (son aged about 12 years) till the children attain CRLR No. 1248 of 2024 2
the age of majority. C) That the First Party has handed over two Demand Drafts to the Second Party today i.e. 23.07.2025 towards aforesaid payment of Rs.25,00,000/- (Rupees Twenty Five Lakhs only). The details of the Demand Drafts are mentioned hereunder: (1) D. D. No.501087 dated 25.04.2025 amounting to Rs.8,00,000/- (Rupees Eight Lakhs only) drawn in favour of Rubina on ICICI Bank, Branch-Lucknow. (ii)D. D. No.501104 dated 23.06.2025 amounting to Rs.
17,00,000/- (Rupees Seventeen Lakhs only) drawn in favour of Rubina on ICICI Bank, Branch-Lucknow D) That the parties have agreed to withdraw/ not pursue the cases filed by them against each other and their family members and they shall have no objection if the Competent Court decides the cases in terms of this settlement agreement. The details of the cases are as under: (I) Criminal Misc. Case No.474 of 2014 U/S 125 Cr. P. C. (Smt. Rubina and Others Vs. Mghd. Asif alias Manoj Kumar) decided vide judgment and order dated 18.07.2024 by the Additional Principal Judge, Family Court No. 7, Lucknow (II) Criminal Misc. Case No. 1323 of 2019 Km. Baby Aayat Vs Mohd. Asif @ Manoj Kumar decide vide Judgment and order dated 18.07.2024 by the Additional Principal Judge, Family Court No.7, Lucknow. E) That the Second Party has agreed that she will have no objection if the Hon'ble Court decides the CRIMINAL REVISION No.1248 of 2024 (Mohd. Ashif @ Manoj Kumar Vs State of U.P. & Others) and CRIMINAL REVISION (D) No.467 of 2024 (Mohd. Ashif @ Manoj Kumar Vs State of U.P. & Others) in terms of this settlement agreement." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court, this Court is of the view that the revisions under consideration are liable to be allowed. Accordingly, CRLR No. 1248 of 2024 3
revisions are allowed. Consequently, the impugned order(s) dated 18.07.2024 passed in Criminal Misc. Case No. 474 of 2014 and Criminal Misc. Case No. 1323 of 2019, detailed above, respectively, are hereby quashed in terms of settlement agreement. Office/Registry is directed to send the copy of this order to the Family Court. September 11, 2025 Mohit Singh/- CRLR No. 1248 of 2024 4 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench