Court No. - 51
Case :- APPLICATION U/S 482 No. - 11098 of 2018 Applicant :- Kayamuddin Khan @ Munna And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.,Ajai Kumar
Hon'ble Vipin Sinha,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicants, Sri Ajai Kumar, learned counsel for the opposite party no.2 complainant and Sri V. K. Pandey, learned AGA appearing for the State.
The present application has been field with prayer to quash the entire criminal proceeding of Criminal Complaint Case No. 1092 of 2017 (Mahazveen Begam Vs. Kayamuddin and others), arising out of Case Crime No.266 of 2016, under Sections 498-A, 323, 504, 506, IPC, Police Station Gursahaiganj, District Kanpur and also quash the summoning order dated 16.11.2017, passed by the Judicial Magistrat, Kannauj, in aforesaid case.
Today when the case has been taken up, the attention of the Court has been drawn to the order dated 23.04.2018 passed by another Bench of this Court, by means of which the matter was referred to the mediation center of this Court.
I have perused the report of mediation centre dated 02.01.2019, which shows the parties have arrived at a settlement. I have also perused the said settlement agreement dated 02.01.2019, which shows that the parties have arrived at a settlement with the following conditions:-
"(a) That the marriage (Nikaha) of Sri Kayamuddin Khan Arvind (Applicant No.1-Husband) and Smt. Mahazveen Begum (Opposite Party No. 2-Wife) was solemnized on 19.04.1998. OUt of aforesaid wedlock parties have no issue. Due to strained relationship the parties have been living separately from last 2 years.
(b) That as per the interim settlements dated 12.12.2018, parties have decided to take mutual divorce according to Muslim law on condition of a permanent alimony of Rs. 5,00,000/- (Rs. Five Lakhs Only), which consists amount of Mehar and Iddat period and maintenance etc. which shall be given by the husband to the wife.
(c) That the aforesaid amount of Rs. 5,00,000/- (Rs. Five Lakhs Only), has already been paid to Smt. Mahazveen Begum (O.P. No.2-wife) by Sri Kayamuddin Khan (Applicant No.1-Husband) and on 12.12.2018, she has acknowledged the receipt of the same. In support of aforesaid facts a joint affidavit has been produced by the parties, which is being made part of this settlement agreement.
(d) That now parties have no grudge against each other and in future they shall not litigate in this regard as there remains nothing to be settled between them from today.
(e) That it has been argeed between teh parties that all the Criminal and Civil Cases filed by them against each other (if any) shall be withdrawn by them by taking appropriate steps before the court/Authorities concerned at the earliest."
The counsel for the opposite party no.2 is also present before the Court and does not dispute the said facts.
We have also perused the settlement agreement dated 02.01.2019 and find it to be lawful and not against public policy in any manner. Accordingly, no useful purpose would be served by permitting investigation pursuant to the impugned FIR to continue. Any further investigation would be an abuse of process of Court and wastage of public time and money.
Accordingly, the writ petition succeeds and is allowed. The entire criminal proceeding of Criminal Complaint Case No. 1092 of 2017 (Mahazveen Begam Vs. Kayamuddin and others), arising out of Case Crime No.266 of 2016, under Sections 498-A, 323, 504, 506, IPC, Police Station Gursahaiganj, District Kanpur and also quash the summoning order dated 16.11.2017, passed by the Judicial Magistrat, Kannauj, is hereby quashed. Consequences shall follow.
It is provided that each of the terms incorporated in paragraph 6(a) to (e) of the settlement agreement dated 02.01.2019 be and are made Rule of this Court. All courts subordinate to this Court shall faithfully be bound to comply with the terms of the settlement as a Rule of this Court. It is also provided that both the parties to the settlement agreement are equally bound to abide by those terms of the said settlement agreement under our orders.
Order Date :- 30.9.2019/VKG