Allahabad High Court
Mohd. Imran Khan vs Smt. Rukhsana And Others on 7 September, 2022
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- CRIMINAL REVISION No. - 1708 of 2019
Revisionist :- Mohd. Imran Khan
Opposite Party :- Smt. Rukhsana And Others
Counsel for Revisionist :- Harish Chandra
Counsel for Opposite Party :- Govt. Advocate,Maneesh Pandey
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the parties and perused the record.
2. Present revision under Section 19(4) of the Family Court Act has been filed against the judgment and order dated 1.10.2019 passed by the Additional Principal Judge, Family Court, Lucknow in Criminal Misc. Case No.648 of 2015 filed under Section 125 Cr.P.C. by respondent nos.1 and 3, whereby the learned family Court has granted maintenance to them.
3. With the consent of parties and their counsels, this Court vide order dated 25.7.2022 referred the matter to the Mediation and Conciliation Center of this Court to settle the dispute between the parties amicably outside the Court through the process of mediation and reduced the terms of settlement in writing. Thereafter, parties appeared before the Mediation and Conciliation Center of this Court and the terms of the compromise/settlement agreement have been reduced in writing on 29.8.2022. The terms of the settlement agreement read as under:-
?The following settlement has been arrived at between the parties hereto:
A) That both the parties have agreed to live separately in future and for the purpose of dissolve their marriage, they had already filed an appropriate application/proceeding before the Family Court, Lucknow under Dissolution of Muslim Marriage Act, 1939 for seeking divorce from each other with mutual consent and after filing of suit this agreement is being signed. First party Mohd. Imran Khan undertakes to cooperate in the proceedings of Suit No.2883/2022 filed in family Court, Lucknow titled as Rucksana Khatoon Vs. Mohd, Imran Khan, in which the next date fixed is 06.12.2022 for issues and 13.12.2022 for orders.
B) That, in lieu f dissolution of their marriage, the first party has agreed to pay and the second party has agreed to receive a sum of Rs.20,00,000/- (Rupees Twenty Lacs) as permanent alimony.
C) That out of entire amount of Rs.20,00,000/- (Rupees Twenty Lacs), a sum of Rs.10,00,000/- (Rupees Ten Lacs) has been paid to the second party by the first party through two demand drafts today i.e. 29.8.2022. The details of the demand drafts are as under:-
1. D.D. No.906293 dated 02.08.2022 of Rs.2,00,000/- (Rupees two Lacs) in the name of Rucksana Khatoon issued from State Bank of India, Branch at Bijnor, Lucknow.
II. D.D. No.906299 dated 17.08.2022 of Rs.8,00,000/- (Rupees Eight Lacs) in the name of Rucksana Khatoon issued from State Bank of India, Branch at Bijnor, Lucknow.
D) The parties have agreed that the remaining amount of Rs.10,00,000/- (Rupees Ten Lacs) shall be given to the second party by the first party, on the date to be fixed for final motion, before Family Court, Lucknow. Second party undertakes that the amount of Rs.10,00,000/- which will be given at the time of second motion shall be kept in FDR in the name of Era Imran Khan and spent in the welfare of her daughter like her education and other things.
E) That both the parties shave agreed to withdraw/not press all the cases filed against each others, the details of which are as under:
1. Case No.1245 of 2015, under Section 12 of the Domestic Violence Act;
2. Criminal Revision No.220 of 2020;
3. Criminal Revision No.1708 of 2019;
4. First Appeal No.173 of 2019.
Besides the above, if any other case is filed between both the parties, the same shall also be withdrawn by either of the parties.
F) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of an criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the present dispute or any matter incidental thereto and if any proceedings has already been initiated the same would stand disposed of in terms of this Settlement Agreement.
G) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above, such act shall entail appropriate legal action."
4. Considering the ratio laid down by the Supreme Court in the cases of B.S. Joshi and others versus State of Haryana and another: (2003) 4 SCC 675, Nikhil Merchant versus C.B.I. and another: (2008) 9 SCC 677, Manoj Sharma versus State and others: (2008) 16 SCC 1, Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466, it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.
5. Accordingly, the present revision is allowed and the judgment and order dated 1.10.2019 passed by the Additional Principal Judge, Family Court, Lucknow in Criminal Misc. Case No.648 of 2015 filed under Section 125 Cr.P.C., is hereby set aside.
6. Learned Family Court should make an endeavour to close the proceedings of divorce on the next date fixed i.e. 13.12.2022 in terms of the settlement agreement arrived at between the parties on 29.8.2022.
Order Date :- 7.9.2022
Rao/-
