Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145948 Court No. - 91 Case :- CRIMINAL REVISION No. - 1640 of 2024 Revisionist :- Afzal Husain Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vinay Kumar Mishra Counsel for Opposite Party :- Aditya Kumar Tripathi,G.A. Hon'ble Harvir Singh,J.
1. Heard Sri Vinay Kumar Mishra, learned counsel for the revisionist, Sri Santosh Kumar Chaubey holding brief of Sri Aditya Kumar Tripathi, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused the record. 2. Learned counsel for the revisionist, at the very outset, has submitted that the parties have settled their grievances as is evident from the order dated 12.05.2025 passed by the learned Principal Judge, Family Court, Etawah in Case No. 224 of 2025 ( Rishma Khanam Vs. Afzal Hussain), under Section 125(3) Cr.P.C.
3. Having regard to the fact that the revisionist and the opposite party no. 2 have settled the matter between them, as per the order dated 12.05.2025 passed by the Principal Judge, Family Court, Etawah in Case No. 224 of 2025 ( Rishma Khanam Vs. Afzal Hussain), under Section 125(3) Cr.P.C., no purpose would be served to keep the matter pending. 4. Since the dispute has been amicable settled and the parties have entered into a compromise and the opposite party no. 2 has categorically stated in Application No. 8K that she wants to withdraw the case. The order dated 12.05.2025 passed by the learned Principal Judge, Family Court, Etawah is liable to be quashed in terms of the compromise between the parties. 5. In view of the fact that the opposite party no. 2, i.e wife does not want to pursue the case as the matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 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) as well as the Judgment of the Apex Court reported in J.T., 2008(9) SC 192 (Nikhil Merchant Vs. Central Bureau of investigation and another), the proceedings of Case No. 224 of 2025 ( Rishma Khanam Vs. Afzal Hussain), under Section 125(3) Cr.P.C., is hereby set aside. 7. Accordingly, this revision is allowed in the terms of the compromise in between the parties.
Order Date :- 23.8.2025 Gss Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad