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2025 DAILYLAW 99448 (ALL)

WASEEM KHAN AND ANOTHER v. State of UTTAR PRADESH AND 3 OTHERS

CRLP/17129/2024 · 2025-05-22

Madan Pal Singh, Siddhartha Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88022-DB Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 17129 of 2024 Petitioner :- Waseem Khan And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Mohd. Asif Counsel for Respondent :- G.A.,Rajiv Tiwari,Sadashiv Tripathi,Shyam Shankar Shukla Hon'ble Siddhartha Varma,J. Hon'ble Madan Pal Singh,J. 1. Upon a misunderstanding a dispute had arisen between the parties and therefore, the respondent no.4 has lodged a first information report on 09.09.2024 which gave rise to Case Crime No. 412 of 2024, under Sections 307, 504, 506 IPC, P.S.- Civil Lines, District- Aligarh. The petitioner had filed the instant writ petition. The instant matter was referred to the Mediation Centre of this Court vide order dated 23.09.2024. Before the mediator on 19.02.2025 a settlement agreement was entered into between the parties. The relevant portion of the settlement agreement which is contained in paragraph No.7 is being reproduced as under:- "7. a. That as agreed in paragraph 7 (a) of the 2nd Interim Settlement dated 21.01.2025, the parties have agreed to live separately and dissolve their marriage and pursuant to the same they have taken divorce. For the aforesaid purpose they have produced a notarized 'इकररारनरामरा' dated 18.02.2025. The notarized copy of aforesaid 'इकररारनरामरा' dated 18.02.2025 is annexed to this Settlement-Agreement for kind perusal of this Hon'ble Court. b. That as earlier agreed in the interim settlement between the parties, Waseem Khan (Petitioner No.1-husband) shall pay an amount of Rs.15,00,000/- (Rupees Fifteen Lakh Only) to the wife by way of demand draft drawn in her favour. The aforesaid amount includes the amount of permanent alimony, Mehar, Iddat Period. maintenance and other financial claims of wife with regard to present matrimonial dispute. c. That on 07.01.2025, the Petitioner No.1-husband had produced a demand draft bearing no. 505217 dated 22.11.2024 drawn on ICICI Bank for Rs.1,00,000/-(Rs. One Lakh Only) in favour of Amreen Fatima (wife), which was kept on record and the same is being handed over to Amreen Fatma (Respondent No.4-wife) today i.e. 19.02.2025 and the Respondent No.4-Amreen Fatma has acknowledged the receipt of the same. d. That on 21.01.2025, the Petitioner No.1-husband had produced another demand draft bearing no. 505235 dated 20.01.2025 drawn on ICICI Bank for Rs.7,00,000/- (Rs. Seven Lakh Only) in favour of Amreen Fatima (wife), which was kept on record and the same is being handed over to Amreen Fatma (Respondent No.4-wife) today i.e. 19.02.2025 and the Respondent No.4-Amreen Fatma has acknowledged the receipt of the same. e. That as agreed in paragraph 7 (e) of the 2nd Interim Settlement dated 21.01.2025, the Petitioner No.1-husband has produced remaining amount in the form of another demand draft bearing no. 505245 dated 17.02.2025 drawn on ICICI Bank for Rs.7,00,000/- (Rs. Seven Lakh Only) in favour of Amreen Fatima (wife) and the same is being handed over to Amreen Fatma (Respondent No.4-wife) today i.e. 19.02.2025 and the Respondent No.4-Amreen Fatma has acknowledged the receipt of the same. f. That it has been agreed between the parties that they shall move withdrawal applications in all the cases (civil or criminal) pending between the parties regarding present matrimonial dispute by the parties concerned by taking appropriate steps before the Court/authority concerned. g. That the parties further agreed that they shall not file any fresh case/ complaint against each other regarding present matrimonial dispute in any manner whatsoever.". 2. Since, the parties have now settled the matter amicably, no useful purpose would be served by continuing with the investigation in pursuance of the First Information Report dated 9.9.2024 giving rise to Case Crime No. 412 of 2024 under Sections 307, 504, 506 IPC, P.S.- Civil Lines, District- Aligarh. 3. Under such circumstances, the First Information Report dated 9.9.2024 giving rise to Case Crime No. 412 of 2024, under Sections 307, 504, 506 IPC, P.S.- Civil Lines, District- Aligarh is quashed 4. This order was passed in the presence of Sri Abhishek Yadav, Advocate holding brief of Sri Shyam Shankar Shukla, learned counsel for respondent no.4. 5. However all the mark-sheets and the original educational documents of the respondent no.4 be returned to the respondent no.4 within a period of ten days. 6. Learned counsel for the petitioner undertakes to transmit this order to the petitioner within period of three from today. 7. The writ petition stands allowed. Order Date :- 23.5.2025 Neeraj (Madan Pal Singh, J.) (Siddhartha Varma, J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad