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2025 DAILYLAW 87409 (ALL)

ZAMEER AHMAD AND ANOTHER v. State of UP AND ANOTHER

A482/26719/2024 · 2025-10-08

Anish Kumar Gupta

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 26719 of 2024 Court No. - 79 Sl. No. 201 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Shri Jitendra Kumar Mishra, learned counsel for the applicants and Ms. Harshita Rani, learned A.G.A. for the State. None appears on behalf of the opposite party no. 2. 2. The instant application under section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 25.1.2024 and cognizance/summoning order dated 4.4.2024 as well as entire proceedings of Case No. 89/IX/2024 (State Vs. Zameer Ahmad and others) pending in the court of Civil Judge (JD)/F.T.C. (Crime Against Women), Mathura arising out of Case Crime No. 64 of 2022 under sections 498-A, 323, 504 IPC and 3/4 of D.P. Act police station Mahila Thana District Mathura. 3. Learned counsel for the applicants submits that vide order dated 9.9.2024 a coordinate Bench of this Court has referred the matter to the Mediation Center of this Court where the parties have settled all their matrimonial disputes amicably on the following terms and conditions: "(a) That the parties have already settled their dispute and decided to dissolve their marriage by getting Talaq and in this regard parties have prepared a notarized Ikrarnama dated 14.7.2025. The said notarized Ikrarnama dated 14.7.2025 is being annexed herewith for kind perusal of this Hon'ble Court. Versus Counsel for Applicant(s) : J Shubham, Jitendra Kumar Mishra Counsel for Opposite Party(s) : Ashish Kumar Gupta, G.A. Zameer Ahmad And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (b) That it has already been decided that the Husband would pay an amount of Rs.8,00,000/- (Rupees eight Lakh only) to the wife towards the amount of Mehar, Iddat period and Maintenance. The aforesaid amount shall be paid through demand drafts. After receiving the said amount she shall not be entitled to claim any further maintenance/financial assistance of any nature whatsoever. (c) That on 7.5.2025 the husband has produced a demand draft bearing No. 602625 dated 5.5.2025 for Rs.1,00,000/- drawn on Bank of India in favour of Sagufta Khan(wife), which was kept on record and same is being handed over today i.e. 16.7.2025 to the O.P. No. 2-wife and she has acknowledged the receipt of the same. (d) That as per Para 7(d) of the Interim Settlement dated 25.6.2025 the husband has produced a demand draft bearing No. 032406 dated 19.6.2025 for Rs. 3,50,000/- drawn on Bank of India in favor of Sagufta Khan (wife), which was kept on record and same is being handed over today i.e. 16.7.2025 to the O.P. No. 2 wife and she has acknowledged the receipt of the same. (e) That as decided in Para 7(d) of the interim settlement dated 25.6.2025, today i.e. 16.7.2025, the husband produced a demand draft being No 032410 dated 2.7.2025 of Rs.3,50,000/- drawn on Bank of India in favour of Sagufta Khan (wife) and the same is being handed over to the O.P. No. 2 and she has acknowledged the receipt of the same. (f) That it has been agreed between the parties that all civil and criminal cases, if any, filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. (g) That the parties will not file any fresh case against each other in respect of this matrimonial dispute. They have no claim against each other in future also. (h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party A482 No. 26719 of 2024 2 will be free to take legal recourse." 4. Thus from the above it is clear that the parties have agreed to withdraw/dispose of all the cases pending against each other. Therefore, in the light of the aforesaid settlement, learned counsel for the applicant submits that the entire amount has already been paid, which has been admitted by the opposite party no. 2 in the mediation proceedings, copy whereof has been attached alongwith the report of the Mediation Center. Therefore, learned counsel for the applicant submits that in view of the aforesaid settlement between the parties the instant application be allowed and the entire proceedings of the said case be quashed against the applicants. 5. Learned A.G.A. looking at the settlement before the Mediation Center do not oppose the quashing of the instant case. 6. Having heard the submission so made by the learned counsel for the parties this court has carefully gone through the records of the case. Since it was a matrimonial dispute which have been duly settled and the entire amount as per the settlement has already been paid to the opposite party and the parties already agreed to withdraw/dispose of all the cases pending against each other, the instant application deserves to be allowed. 7. Accordingly, the instant application is allowed and the charge sheet dated 25.1.2024 and cognizance/summoning order dated 4.4.2024 as well as entire proceedings of Case No. 89/IX/2024 (State Vs. Zameer Ahmad and others) pending in the court of Civil Judge (JD)/F.T.C. (Crime Against Women), Mathura arising out of Case Crime No. 64 of 2022 under sections 498-A, 323, 504 IPC and 3/4 of D.P. Act police station Mahila Thana District Mathura are hereby quashed. October 9, 2025 o.k. A482 No. 26719 of 2024 3 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad