MOHD. NAFIS AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15971/2025 · 2025-05-19
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53575 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53575 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84903 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15971 of 2025 Applicant :- Mohd. Nafis And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Mishra Counsel for Opposite Party :- G.A.,Imran Ali Hon'ble Vikas Budhwar,J.
1. 1.Heard Sri Ravi Prakash Mishra, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State and Sri Imran Ali, counsel the opposite party No. 2.
2. The applicants herein had earlier approached this Court in Application U/S 482 No. 1314 of 2025 (Mohd Nafis and 2 others v. State of U.P. and another) in which on 24.01.2025, the following orders were passed:
"1. Heard Shri Ravi Prakash Mishra, learned counsel for the applicants, Shri Imtiyaj Ali, learned counsel for the opposite party no. 2 and Shri K. K. Tripathi, learned learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the summoning
order dated 17.08.2024 as well as entire criminal proceeding of Complaint Case No. 281 of 2023 (Noori Saba Vs. Nafis and others), under Sections 323, 498-A IPC and 3/4 of D.P. Act, P.S.- Utraon, District- Prayagra, pending in the court of learned Additional Chief Judicial Magistrate, Court No. 8, Prayagraj.
3. It is jointly submitted by learned counsel for the applicants as well as
learned counsel for opposite party no. 2 that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 18.12.2024, copy of same has been filed at Page No. -45. As per this compromise, applicant no. 1 will pay Rs 4 lac as permanent alimony to opposite party no. 2 and it is itself mentioned in the aforesaid compromise that the applicant no. 1 has already paid Rs. 2 lac on 11.12.2024 and remaining Rs. 2 lac to be paid by the applicant no. 1. Today, counsel for applicant no. 1 has handed over a draft of Rs. 2 lac dated 21.01.2025 bearing no. 979588, SBI, Branch Hanumanganj, Allahabad. 4. However, learned counsel for opposite party no. 2 fairly submitted that opposite party no. 2 will appear before the court below and verify to the aforesaid compromise and as per agreement, entire amount has been received by her from applicant no. 1. Learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, the same has not been
filed by the applicant, therefore, a direction may be issued to the parties to file original deed of compromise before the court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to the parties to file original deed of compromise before the court below within a period of 15 days and on filing such compromise, the court below will verify the same within a period of next one month after summoning the parties and for a period of one and half month, no coercive measures shall be taken against the applicants. 6. However, the applicants are granted liberty to file a fresh application under Section 482Cr.P.C./528 BNSS to quash the main proceedings, if need arises."
3. Learned counsel for the applicants submits that now the compromise stands verified on 21.03.2025, a copy and the document to the said extent is already on record as Annexure 5 at page 40 and onward reference whereof has been made in paragraph 9. Thus, submission is that the proceedings be quashed. 4. Learned AGA as well a the counsel for the opposite party No. 2 do not dispute the said fact. 5.
Considering the submission so made across the bar and respectively following the judgment in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 as well as the
judgment in the case of State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688. This Court finds that there is no reason to proceed with the matter.
6. Accordingly, the application is allowed.
7. The proceedings of of Complaint No.281 of 2023 (Noori Saba Vs. Nafis and others), under Section 323, 498-A I.P.C. and Section 3/4 D.P. Act, Police Station-Handia, District-Prayagraj pending in the court of learned Additional Chief Judicial Magistrate, Court No.8, Prayagraj, be quashed.
8. It shall be open for the aggrieved party to file recall application if it is occasioned.
Order Date :- 20.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad