Allahabad High Court
Abdul Kalam @ Abul Kalam vs State Of U.P. Thru. Prin. Secy. Home ... on 12 February, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:9966 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4518 of 2024 Applicant :- Abdul Kalam @ Abul Kalam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Pankaj Kumar Pandey,Neeraj Mani Tripathi Counsel for Opposite Party :- G.A.,Shivani Rajpoot,Wasim Ahmad Hon'ble Saurabh Lavania,J.
Heard learned counsel for the parties.
The present application has been filed by the applicant for the following main relief(s):-
"For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the Criminal Case No. 66 of 2024 "Phool Jahan and others Versus Abdul Kalam Ali alias Md. Kalam" Under Section 125 (3) Cr.P.C. Police Station-Talgaon District-Sitapur pending in the Court of Nyayadhikari, Gram Nyayalaya, Laharpur, District-Sitapur arising out of Criminal Case No. 393 of 2016 "Phool Jahan and others Versus Abdul Kalan alias Mohd. Kalam" Under Section 125 Cr.P.C. Police Station-Talgaon, District-Sitapur contained in Annexure No. 2 to the accompanying affidavit, in the interest of justice.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Criminal Case No. 66 of 2024 "Phool Jahan and others Versus Abdul Kalam Ali alias Abdul Kalam" Under Section 125 (3) Cr.P.C. Police Station-Talgaon District-Sitapur pending in the Court of Nyayadhikari, Gram Nyayalaya, Laharpur, District-Sitapur Contained in Annexure No. 2 to the accompanying affidavit, in the interest of justice."
It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 16.05.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.
It also appears that in compliance of order of this Court dated16.05.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 21.01.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. TheSETTLEMENT AGREEMENT dated 21.01.2025 is annexed as Annexure No. SA-1 to the supplementary arridavit.
The relevant portion of theSETTLEMENT AGREEMENT dated 21.01.2025 is extracted hereinunder:-
"7. The following settlement has been arrived at between the Parties hereto:
A) That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a sum of Rs. 7,50,000/ (Rupees Seven Lacs Fifty Thousand only) towards one time full and final settlement of all the claims of the Second Party including the claim for permanent alimony against the First Party.
B) That entire amount of Rs. 7,50,000/ (Rupees Seven Lacs Fifty Thousand only) is being paid vide Demand Draft No. 000668 dated 08.01.2025 issued by Axis Bank Ltd., Branch-Sitapur (UP) to the Second Party by the First Party.
C) Daughter aged about 10 years namely Ayasha kalam and son aged about 9 years namely Bilal Kalam, both ininors are living with mother and shall remain with mother until they become major. Both the daughter and son will be free to live as per their choice after becoming major by age.
D) While living with mother, the father namely Abdul Kalam shall not claim and will not file any litigation for custody of above said minor son and daughter in any manner.
E) Fool Jahan(mother) will not claim any maintenance from Abdul Kalam (father) for upbringing/livelihood for above mentioned minor son and daughter while they living with mother. The mother, namely Fool Jahan shall incur all expenditure at her own for upbringing of above mentioned minor son and daughter.
F) That both the parties have agreed to withdraw/not press all the cases filed against each other, the details of which are as under:
1. Case No. 166/2022, Crl Case No. 520/2019 U/S 498A, 323 IPC, 3/4 D.P. Act, P.S.-Biswan, District-Sitapur before ACJ(JD)-VII/JM, Sitapur.
11. Case No. 7989/2018 U/S 498A, IPC, before ACJ(SD)-11, Sitapur.
III. Criminal Case No. 198/2015 U/S 498A, 376, 511, 506 IPC and 3/4 D.P. Act P.S.-Biswan, District-Sitapur.
IV. Misc. Case No. 54/2016 before ACJM-I, Sitapur.
V. Case No. 3565/2016 DV Act, Phool Jahan Vs. Abul Kalam before ACJ(JD)-VII, Sitapur.
VI. Case No. 393/2016 U/S 125 CrPC, before Nyayadhikari, Gram Nayalaya, Leharpur, Sitapur.
VII. Misc. Appl. No. 66/2024 U/S 125(3) CrPC before Nyayadhikari, Gram Nayalaya, Leharpur, Sitapur.
VIII. Criminal case No. 116/2018 U/S 323, 504, 506 IPC P.S.- Biswan, District- Sitapur.
IX. Case No. 1952/2019 before Principal Judge, Family Court, Sitapur.
X. APPLICATION U/S 482 Cr. P. C. No. 2038/2023 Sagir and Ors, Vs State of U.P. pending in the Hon'ble High Court, Lucknow relating to NCR 153/2017 U/S 323, 504, 506 IPC P.S. Talgaon, Sitapur, XI. APPLICATION U/S 482 Cr. P. C. No. 10719/2023 Fool Jahan and Ors. Vs State of U.P. pending in Hon'ble High Court, Lucknow relating to CC No. 692/2018 U/S 147, 148, 323, 504, 506 IPC P.S.- Biswan, Sitapur.
XII. Case No. 37/2019, Abul Kalam Vs. Fool Jahan U/S 25 Guardians and Wards Act for custody of children before Principal Judge, Family Court, Sitapur.
XIII. NCR No. 156/2015 U/S 323, 506 IPC P.S.- Talgaon, Sitapur.
G) In addition to above mentioned cases, if any other case(s) is pending between the parties, both the parties shall not have any objection if the case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement.
H) 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 any 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 proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement.
I) 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."
Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed,as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out ofCase No. 393 of 2016, quoted above, are hereby quashed qua the applicant.
Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance.
Order Date :- 12.2.2025 (Manoj K.)