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2026 DAILYLAW 11068 (ALL)

SAZIDA BEGHAM AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/30098/2024 · 2026-09-27

Madan Pal Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 30098 of 2024 Court No. - 81 HON'BLE MADAN PAL SINGH, J. 1. Pursuant to the order passed earlier by this Court i.e. 18th September, 2026, Applicant nos. 1 and 2, namely, Sazida Begham and Nafees Khan Mansoori are present, their signatures and photograph have also been verified on the order-sheet by their counsel Mr. Ansar Ahmad, Advocate. Mr. Aarar Ahamad i.e. opposite party no.2/informant and his son Arafat Ahmad are also present, whose signatures and photograph have also been verified by their Counsel, namely, Mr. L.R. Khan, Advocate. Today, both the parties have also filed a joint affidavit for final settlement under Section 359 B.N.S.S. in the Court today which is taken on record. 2. Heard Mr. Ansar Ahmad, learned counsel for the applicant, Mr. L.R. Khan, learned counsel for opposite party no.2 and the learned Additional Government Advocate for the State as well as perused the entire material available on record. 3. This application under Section 528 B.N.S.S. has been filed with the prayer to quash the cognizance/summoning order dated 21st July, 2023 as well as the entire proceedings of Criminal Case No. 29936 of 2023 (State Vs. Smt. Sajida Begum & Another), arising out of Case Crime No. 289 of 2022 under Sections 420, 467, 468, 471, 406, 506 and 120-B I.P.C., Police Station- Knowledge Park, District-Greater Noida (Commissionerate Gautam Budh Nagar) pending in the Court of Chief Judicial Magistrate, Gautam Budh Nagar. 4. During the pendency of the present criminal application, both the parties have decided to enter into compromise so entered into between them and in connection with the same the applicants have paid Rs. 1,40,00,000/- (Rupees one cror and forty lakhs only) in two strokes i.e. Rs. 50 lakhs and Rs. 90 lakhs, details of which have been mentioned on the order-sheet. Versus Counsel for Applicant(s) : Ansar Ahmad, Kamlesh Kumar Mishra, Mainuddin Ahamad, Nanhe Lal Tripathi, Raj Kumar Mishra, Rajiv Kumar Mishra Counsel for Opposite Party(s) : Araf Khan, G.A., Lihazur Rahman Khan Sazida Begham And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Today both the parties who are present before this Court, firmly inform the Court that both parties have resolved their differences and reached a compromise; consequently, we are filing a joint affidavit today regarding this matter. There are no outstanding financial claims or dues between us. We have also decided to withdraw the criminal and civil cases filed against each other. We wish to live peacefully and, therefore, request this Court to terminate these criminal proceedings as well. Learned counsel for the applicants and learned counsel for opposite party no.2 are also agree with the aforesaid statements given by their respective clients and they have also no objection, if the present criminal proceedings are quashed. Learned A.G.A. for the State also supports the same. 6. It is necessary for this Court to refer the contents and terms and conditions mentioned in the joint affidavit for final settlement filed in the Court today, which are quoted here-under: "WE, the deponents abovenamed do hereby jointly solemnly affirm and state on oath as under: 1. THAT this is the Joint Affidavit of abovenoted deponents, before this Hon'ble court,whose photographs are affixed hereinabove and whose Adhar Cards Number being 7291 8624 8682 (Sajida Begum); 8328 2151 8242 (Nafees Khan Mansuri) and 9932 3961 5789 (Abrar Ahmad) and 9981 5636 5221 (Arafat Ahmed) respectively as such they are fully acquainted with the facts deposed to below. 2. THAT on 06.07.2026, this Hon'ble Court have been pleased to allow both the parties for amicable final settlement between them for Rs.1,40,00,000.00 (One Crore and Forty Lakhs)in two strokes payment, first stroke on 21.07.2026 for payment of Rs.50,00,000.00 (Fifty Lakhs)through Demand Draft and second one on 05.08.2026 for Rs.90,00,000.00 (Ninety Lakhs) by Demand Drafts to be purchased by Sajida Begum for Abrar Ahmed. 3. THAT Ld. Counsel ANSAR AHMAD for Sajida Begum and Nafees Khan Mansoori and Ld. Counsels ARAF KHAN and LIHAZUR RAHMAN KHAN for Abrar Ahmed and Arafat Ahmed have identified and verified their respective parties/compromise to the amicable final settlement voluntarily with free will, without fear,pressure, coercion or undue influence. 4. THAT on 21.07.2026 Sajida Begum handed over an D.D.No.510769 dated 18.07.2026 for Rs.50,00,000.00 (Fifty Lakhs) and on 18.09.2026 an D.D.No.510788 dated 17.09.2026 for Rs.90,00,000.00(Ninety Lakhs) of YES BANK to Ld.Counsel L.R. Khan for Abrar Ahmed before this Hon'ble High Court in the name of Abrar Ahmed in whose PNB Account No.0149000100224782 the said D.Ds. were credited.Abrar Ahmed and Parveen Ahmed have joint A/Cs.No.0149000100282096 and A482 No. 30098 of 2024 2 0149000100224782 in PNB at 35 A/B,Khan Market, Delhi-110003. 5. THAT this final amicable settlement has been arrived at between both the Ld.Counsels Ansar Ahmad and Lihazur Rahman Khan after seeking instructions from their respective parties on 06.07.2026 to which parties shall abide and adhere to and Abrar Ahmed AGREES RAISING NO OBJECTION if this Hon'ble Court pleases to allow the above noted cases quashing the Criminal Proceedings thereof pending before the Courts below. 6. THAT Abrar Ahmed,being father/assignee/nominee of Arafat Ahmed in whose name agreement to sell dated 1/8.06.2022,was executed by Sajida Begum,was granted Transfer Memo dated 08.07.2022 by GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY,Gautam Buddh Nagar (U.P)which was expired for non-execution of sale deed within time with regard to Plot No.T-5,Village-Tugalpur/ Haldona,K.P-I,Village Abadi) admeasuring an area of 624.60 sq.mtr. Greater NOIDA, G.B. Nagar which is leasehold property of Smt.Sajida Begum and the owner being GNIDA,G.B.Nagar thereof. 7. THAT Abrar Ahmed not presses T.M.dated 08.07.2022 in his name from GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY, Gautam Budha Nagar with regard to aforesaid property having NO OBJECTION to delete his name from the rolls of GNIDA, G.B.Nagar with no indemnity and will observe formalities as per rules of GNIDA in terms of compromise and Abrar Ahmed will deliver the possession, quitting/ foregoing his claim over the aforesaid disputed property forthwith after this Hon'ble Court allows this Compromise Deed. 8. THAT the following cases, including cases as of today,which are pending between the parties in different forums, the respective party/parties shall Not Press/Withdraw/Observe Legal Formalities as required before the court concerned by an Application annexing this Affidavit,if required, which shall form part of that Application to dispose of that case to secure the ends of jutice, in terms of final settlement having been arrived at between the parties through this Affidavit, as given hereinafter- A. Criminal Misc.Application No.30098 of 2024, Sajida Begum and Nafees Khan Mansoori Vs.State of Uttar Pradesh Abrar Ahmed - pending before this Hon'ble court. B. Criminal Revision No.1149 of 2025,Sajida Begum and Nafees Khan Mansoori Vs. State of Uttar Pradesh and Abrar Ahmed- pending before this Hon'ble court. C. Complaint Case No.672 of 2025,Nafees Khan Mansoori Vs.Abrar Ahmed and Ors under Section 173(4),BNSS,Police Station-Beeta-2,District- Gautam Buddh Nagar- pending before the Court of ACJM-I,Gautam Budhh Nagar D. Civil Revision(Defective)No.25 of 2026 Smt. Sajida Begum and Anr Vs. Arafat Ahmad and Anr - pending before this Hon'ble court. A482 No. 30098 of 2024 3 E. Crl.Misc.ABailC Application No.330 of 2023, Abrar Ahmed Vs.State of U.P. and Nafees Khan Mansoori - pending before this Hon'ble court. F. Crl.Misc.ABailC Application No.331 of 2023, Abrar Ahmed Vs.State of U.P. and Smt. Sajida Begum- pending before this Hon'ble court. G. Crl.Misc.ABailC Application No.21 of 2026, Abrar Ahmad Vs.State of U.P. and Nafees Khan Mansoori - pending before this Hon'ble court. H. F.I.R.dated 07.11.2025 against accused Nafees Khan Mansoori S/O Irfan Khan in Crime No.0259 of 2025 under Sections 333 and 324(5),B.N.S., Police Station-Knowledge Park,District-Gautam Baudhh Nagar(State of U.P. Vs.Nafees Khan Mansoori)-Informant being Abrar Ahmed pending before the Court of Addl.Civil Judge(S.D.), G.B.Nagar. I. FIR dated 19.01.2026 against accused Nafees Khan Mansoori S/O Irfan Khan in Crime No.0022 of 2026 under Sections 329(1) and 351(2),B.N.S Police Station-Knowledge Park,District-Gautam Baudhh Nagar-Informant being Abrar Ahmed. J. O.S.No.891 of 2024,Arafat Ahmad and Abrar Ahmed Vs.Smt.Sajida Begum and Nafees Khan Mansoori- pending before the Court of Civil Judge(S.D.) ,Gautam Buddh Nagar K. Consumer Complaint No.10 of 2024,Abrar Ahmed Vs.Smt.Sajida Begum anad Nafees Khan Mansoori -pending before the court of State Consumer Disputes Redressal Commission, U.P. L. Application No.110 of 2025,Abrar Ahmed Vs.Smt. Sajida Begum and Ors- pending before the Court of A.C.J.M.-II,G.B Nagar M. Case NO.4555/24/30/2025, Abrar Ahmed Vs, Smt. Sajida Begum and Ors- pending before the U.P. Human Rights Commission,Lucknow N. No SA of Abrar Ahmed in DRT,Lucknow pending. 9. THAT in view of the above,it is prayed that this Hon'ble Court may very graciously be pleased to allow to secure the ends of justice, this final Settlement Joint Affidavit between the aforesaid parties to be the part of the record in compliance of the esteemed order dated 06.07.2026,12.08.2026 and 18.08.2026 passed by this Hon'ble Court- A. Allowing, in terms of this compromise, the Crl.Misc.Application No.30098 of 2024 (Sajida Begum &Nafees Khan Mansoori Vs.State of Uttar Pradesh and Abrar Ahmed)in Crime No.0289 of 2022,under Sections 120- B,506,406,420,467,468 and 471,I.P.C,Police Station-Knowledge Park, Gautam Buddh Nagar, quashing Crl. proceedings pending before the court of CJM,Gautam Buddh Nagar(State of U.P.Vs. Smt.Sajida Begum and Anr.)in Crime No.0289 of 2022,under Sections 120-B,506,406,420,467,468and 471,I.P.C,Police Station-Knowledge Park Gautam Buddh Nagar;and B. Disposing of the Crl. Revision No. 1149 of 2025 (Sajida Begum and Nafees Khan MansOOri Vs. State of Uttar Pradesh and Abrar Ahmed) abiding by the decision in A482 No.30098 of 2024(Sajida Begum & Nafees Khan Mansoori A482 No. 30098 of 2024 4 Vs.State of Uttar Pradesh and Abrar Ahmed), and/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 7. This Court is not unmindful of the following judgements of the Apex Court: (i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, (ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, (iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, (iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, (v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466, (vi).Dimpey Gujral W/o Vivek Gujral & Others Vs. Union Territory Thru. Administrator Chandigarh & Others; (2013) 11 SCC 497, (vii). H.N. Pandakumar Vs. State of Karnataka; 2025 SCC OnLine SC 38 , and (viii). Naushey Ali & Others Vs. State of Uttar Pradesh & Another; (2025) 4 SCC 78. 8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and Others Vs. State of U.P. & Another; 2013 (83) ACC 278. in which the law expounded by the Apex court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute. 10. Accordingly, the entire proceedings of Criminal Case No. 29936 of 2023 (State Vs. Smt. Sajida Begum & Another), arising out of Case Crime No. 289 of 2022 under Sections 420, 467, 468, 471, 406, 506 and 120-B I.P.C., Police Station-Knowledge Park, District-Greater Noida (Commissionerate Gautam A482 No. 30098 of 2024 5 Budh Nagar) pending in the Court of Chief Judicial Magistrate, Gautam Budh Nagar are hereby quashed. 11. The present appeal is, accordingly, allowed. There shall be no order as to costs. 12. It is also provided that in case applicant no.2 Nafees Khan Mansoori files an appropriate application along with the photo copy of the joint affidavit filed today and a certified copy of this order separately for quashing of the proceedings of Case Crime No. 0259 of 2025 under Sections 333 and 324 (5) B.N.S., Police Station-Knowledge Park, District-Greater Noida (Commissionerate Gautam Budh Nagar) pending in the Court of Additional Civil Judge (Senior Division), Gautam Budh Nagar, as well as the proceedings of Case Crime No. 022 of 2026 under Sections 329 (1) and 351 (2 B.N.S., Police Station-Knowledge Park, District-Greater Noida (Commissionerate Gautam Budh Nagar), the same shall be considered and decided by the trial court considering the fact that no purpose would be served by keeping the aforesaid proceedings pending specifically when the parties have settled their all dispute and entered into compromise as well as in light of the judgments of the Apex Court referred to above. 13. It is then provided that the opposite party no.2 will move an appropriate application before the Greater Noida Industrial Development Authority, Gautam Budh Nagar for withdrawal of T.M. dated 8th July, 2022 and also move a separate application for return of his money which he has deposited before the Greater Noida Industrial Development Authority. On receipt of the same, the Greater Noida Industrial Development Authority, Gautam Budh Nagar shall consider and decide the same strictly in accordance with law at the earliest possible. September 28, 2026 Sushil/- A482 No. 30098 of 2024 6 (Madan Pal Singh,J.) Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad