Allahabad High Court
Sarfaraz Ahmad vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 4 April, 2025
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:18947
Court No. - 12
Case :- CRIMINAL REVISION No. - 457 of 2024
Revisionist :- Sarfaraz Ahmad
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others
Counsel for Revisionist :- Mansi Gupta,Parmanand Gupta
Counsel for Opposite Party :- G.A.,Farooq Ayoob
Hon'ble Alok Mathur,J.
1. Heard Ms. Mansi Gupta, learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. and Sri Farooq Ayoob, learned counsel appearing for opposite party nos. 2 and 3.
2. By means of present criminal revision u/s 19(4) of the Family Courts Act, 1984, the applicant has assailed the judgment and order dated 12.01.2024, passed by the Principal Judge, Family Court, Barabanki in Case No. 1012 of 2021 - Smt. Nida Fatimna and Another Vs. Sarfaraz Ahmad, whereby the application under Section 125 Cr.P.C. preferred by the private opposite parties has been allowed and maintenance of Rs.2500/- per month has been awarded to the opposite party no. 2 and Rs.1000/- to opposite party no. 3, from the date of filing of the case till the final judgment and Rs.5000/- per month has been awarded to opposite party no. 2 nd Rs.2000/- per month has been awarded to opposite party no. 3 from the date of order dated 12.01.2024.
3. It has been contended by learned counsel for the revisionist that this Court by means of order dated01.05.2024, directed the parties to appear before Mediation and Conciliation Center of this Court on 23.05.2024 for participating in the mediation proceedings. In compliance of aforesaid order, the parties appeared before the Mediation and Conciliation Center on the date fixed and after some deliberations and discussions between the parties under the guidance of Mediators a settlement-agreement has been drawn between the parties and a report dated 07.02.2025 of the Mediation Center to this effect has been submitted for perusal of this Court. It is prayed that the aforesaid order may be quashed in view of the settlement-agreement dated 07.02.2025.
4. Learned counsel for the revisionist in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC 1, Narinder Singh Vs. State of Punjab, (2014) 6 SCC 466 and Yogendra Yadav Vs. State of Jharkhand, (2014) 9 SCC 653 and has submitted that the revisionist as well as opposite party no. 2 have settled the dispute and as such opposite party no. 2 does not want to press the present case against the applicant.
5. Learned counsel appearing for opposite party no. 2 and learned Additional Government Advocate have stated that they have no objection in case the aforesaid order is set aside in the light of the settlement-agreement dated 07.02.2025.
6. Heard learned counsel for the parties and perused the record.
7. From the perusal of the record it is apparent that the parties have entered into settlement-agreement before the Mediation and Conciliation Center of this Court and have settled their dispute amicably. The settlement-agreement dated 07.02.2025, is made part of the record.
8. In this regard, the view taken by the Apex Court in the case of Manoj Sharma Vs. State (supra), Narinder Singh Vs. State of Punjab (supra) and Yogendra Yadav Vs. State of Jharkhand (supra), which have been relied upon by the learned counsel for the revisionist, finds force that this Court in exercise of its inherent power under Section 482 Cr.P.C. can quash the proceedings/set aside the impugned orders as the dispute has been amicably settled between the parties.
9. In the light of the fact that the settlement-agreement has been arrived at between the revisionist and the private opposite parties and same does not effect the public at large, and would only amount to settlement of private dispute between the parties, no useful purpose will be served by allowing the revisionist to be prosecuted in the aforesaid case, therefore the impugned order dated 12.01.2024 is hereby set aside, accordingly this criminal revision under Section 19(4) of the Family Courts Act, is allowed.
Order Date :- 4.4.2025
A. Verma
(Alok Mathur, J.)
