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2025 DAILYLAW 7375 (ALL)

MOHAMMAD NASEEM v. STATE OF U.P. AND 3 OTHERS

A482/2540/2025 · 2025-04-28

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66105 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2540 of 2025 Applicant :- Mohammad Naseem Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Counsel for Opposite Party :- G.A.,Ramesh Kumar Sahu Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party nos.2 to 4 and learned AGA for the State. 2. This application u/s 482 Cr.P.C. has been preferred seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the impugned Recovery / Non- Bailable Warrant Order dated 05.11.2024 in Case No. 841 of 2020, under Section 128 Cr.P.C., Police Station- Sipari Bazar, District- Jhansi, the impugned Recovery / Non-Bailable Warrant Order dated 05.11.2024 in Case No. 897 of 2021, under Section 128 Cr.P.C., Police Station-Sipari Bazar, District-Jhansi, the impugned Recovery/Non-Bailable Warrant Order dated 05.11.2024 in Case No. 987 of 2022, under Section 128 Cr.P.C., Police Station-Sipari Bazar, District-Jhansi and the Impugned Recovery/Non-Bailable Warrant Order dated 05.11.2024 in Case No. 1083 of 2031, under Section 128 Cr.P.C., Police Station-Sipari Bazar, District-Jhansi passed by Principal Judge, Family Court Jhansi arising out of judgment and order dated 13.10.2017 passed by Principal Judge, Family Court Jhansi in Case No. 166 of 2016 (Smt. Nazneen Vs. Mohammad Naseem) Under Section 125 Cr.P.C. in pursuance of the Settlement agreement dated 03.10.2024 entered in between the applicant and Opp. Party No. 2 in reference of the order dated 11.12.2023 passed by this Hon'ble Court In Criminal Misc. Application U/s 482 Cr.P.C. No. 45073 of 2023." 3. It has been submitted by learned counsel for the applicant that applicant is husband of opposite party no.2 and father of opposite party nos.3 & 4. The opposite party nos.2 to 4 were awarded maintenance under Section 125 Cr.P.C. vide judgment dated 13.10.2017. It was stated that opposite party no.2 has also lodged a case under Section 498A, 323, 506 IPC and Section 3/4 D.P. Act and in that case matter was referred for mediation by this Court vide order dated 10.02.2025 passed in Application under Section 482 Cr.P.C. No.45073 of 2023. During mediation proceedings both the parties have amicably settled all the disputes and they have agreed to withdraw cases lodged against each other. Report of mediation has been annexed as annexure no.9 to this application. It was stated that in view of settlement between the parties, the impugned proceedings may be quashed on the basis of compromise. 4. Learned counsel for the opposite party nos.2 to 4 has also concurred with the arguments of learned counsel for the applicants and submitted that now both the parties are living together and they have compromised the matter and thus, the impugned proceedings may be quashed. 5. Learned A.G.A. has no objection if parties compromise the matter. 6. I have considered the submissions and perused the record. 7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to maintenance. The applicant is husband of opposite party no.2 and father of opposite party nos.3 & 4. It was submitted by learned counsel for the parties that both the parties have amicably settled the dispute in mediation proceedings and the mediation report dated 03.10.2024 is on record. Both the parties are living together. It was categorically stated by learned counsel for both the parties that impugned proceedings could be quashed on the basis of compromise. Considering submissions of learned counsel for the parties and aforesaid facts, it appears in the interest of justice that impugned proceedings be quashed. 8. In view of the aforesaid, the entire impugned proceedings of the aforesaid cases against applicant, namely, Mohammad Naseem are hereby quashed. 9. The application u/s 482 Cr.P.C. is allowed. Order Date :- 29.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad