AYSHA KHATOON AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND ANOTHER
A482/10514/2024 · 2025-01-16
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168940 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168940 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:2887 Court No. - 12 Case :- APPLICATION U/S 482 No. - 10514 of 2024 Applicant :- Aysha Khatoon And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Indra Pratap Singh,Ashvani Kumar Yadav Counsel for Opposite Party :- G.A.,Firoz Ahmad Khan,Mohd. Shafiq Hon'ble Saurabh Lavania,J.
1. Short Counter affidavit filed on behalf of opposite party No.2 today is taken on record.
2. Heard learned counsel for the applicants, Shri Firoz Ahmad Khan,
learned counsel for opposite party No.2 as well as learned A.G.A. for the State and perused the record.
3. The instant application has been preferred for the following main relief:-
"To quash the whole proceeding of this case and impugned charge- sheet no. 401/ 2019 dated 24.12.2019 filed in case crime no. 474/2019 under section 452/ 323/ 504/ 506/ 354B of I.P.C. registered at Police Station Cant., District Faizabad (Ayodhya) and the summoning order dated 12.02.2020 issued against petitioners in case no. 16/2020 (State Vs Shamsuddin and Others) under section 452/ 323/ 504/ 506/ 354B of I.P.C. issued by Learned Additional Chief Judicial Magistrate Ist, District Faizabad (Civil Judge Senior Division Ist)."
4. It is stated that based upon the settlement arrived between the parties (Annexure No.4 to the present application) duly signed by the parties before the Mediation and Conciliation Centre of this Court on 21.03.2023, the proceedings related to Case Crime No. 315 of 2018, under Sections 323, 504, 506, 354 I.P.C. were quashed by this Court vide order dated 21.07.2023 passed in Application U/S 482 No.- 5165
of 2019. The para 6 of the settlement agreement referred is extracted hereinunder:-
"6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties agree not to pursue the pending cases, the details whereof are given herein under, and both the parties shall have no objection, if the pending cases are
disposed of in terms of this settlement agreement.
1. Case No.558 of 2019 State verzus Kamal Ahmad Under Section 323, 504, 504, 506, 354 IP.C. Crime number 315/2018 District Ayodhya pending before Additional Chief Judicial Magistrate 1, Ayodhya.
2. Case No.789 of 2017, Shamsuddin versut Morlyam Kamal pending before Principal Judge Family Court, Ayodhya.
3. Case Crime Number 474/2019 State of U.P. Versus Shamsudeen Police Station Cantt District Ayodhya Under Section 452, 323, 504, 506, 354 B pending before Additional Chief Judicial Magistrate I, Ayodhya.
4. Case No.6342 of 2018, Mariyam Kamal Versus Shamsudeen and Others Under Section 498A, 323, 504. 506, 406 and 3/4 of Dowry Prohibition Act pending before Additional Chief Judicial Magistrate I, Ayodhya.
5. Case No.16/2020 State of U.P. versus Shamsudeen, FIR No.474/2019 U/s 143, 452, 323, 504, 506, 354-B I.P.C Police Station Cantt District Faizabad, pending before Senior Division I Faizabad. In addition to the above mentioned cases if there are any other cases it shall also be disposed of in terms of this Settlement Agreement. B. That both the parties understand, agree and further bind themselves to follow the terms and conditions of this agreement in a strict sense. If either of the parties rescinds or does not follow the conditions stipulated herein above such act shall entail appropriate legal action against the defaulting party. C. That both the Parties agree that all the claims against each other stands settled in terms of this settlement agreement.
D. That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any case in the form of criminal or civil proceedings against each other or any of their relative or family members in future in respect of instant matter or any matter incidental thereto in any Forum/Court and if any proceeding has already been initiated the same would get
disposed of in terms of this settlement/agreement. E. 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 for contempt of Court."
5. It is also stated that other cases indicated in para 6 of the settlement have already been concluded. The instant case is part of the settlement and as such, the proceedings, in issue, pending before the concerned Court are also liable to be interfered with by this Court in the light of the settlement arrived between the parties and also taking note of various pronouncements of the Hon'ble Apex Court.
6. Shri Firoz Ahmad Khan, learned counsel appearing for opposite party No.2 could not dispute the aforesaid aspect of the case. He also stated that parties have settled the dispute amicably and the pending proceedings may be quashed.
7. Considering the aforesaid as also the submissions made by learned Counsel for the parties, this Court is of the view that the present application is liable to be allowed. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No. 474/2019, indicated in the prayer, quoted above, are hereby quashed.
8. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 16.1.2025 G. Singh/ Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench