Allahabad High Court
Mohd. Arqam Khan vs State Of U.P. Thru. Secy. Home. Lko & ... on 9 December, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- U/S 482/378/407 No. - 8745 of 2019 Applicant :- Mohd. Arqam Khan Opposite Party :- State Of U.P. Thru. Secy. Home. Lko & Another Counsel for Applicant :- Gopal Krishna Dixit,Gitanjali Nayak Counsel for Opposite Party :- Govt. Advocate Hon'ble Dinesh Kumar Singh,J.
1. This petition under Section 482 CrPC has bee filed by Mohd. Arqam Khan, the husband of respondent no.2. The marriage between the petitioner and the respondent no. 2 was performed on 19th March, 2017. Nikahnama has been placed on record as Annexure-1 to the petition.
2. It appears that the marriage discard arose between the parties, and three proceedings have been instituted by the respondent no. 2 against the petitioner, which are as under:-
i) case no.1127 of 2017, under Section 12 Domestic Violence Act 'Nazia Bano Vs. Mohd. Arqam Khan and others, pending in the Court of Judicial Magistrate-II, Lucknow;
ii) case no.68715 of 2017, arising out of Crime No. 92 of 2017, under Sections 498-A/354 IPC and 3/4 D.P. Act lodged at Police Station Mahila Thana, Lucknow 'State Vs. Mohd Arqam Khan and others' pending in the Court of Special Additional Chief Judicial Magistrate, C.B.I., Ayodhya Prakaran, Lucknow; and
iii) case no. 604 of 2017, under Sections 125 Cr.P.C. 'Nazia Bano Vs. Mohd. Arqam Khan, pending in the Court of Additional Principal Judge-III, Lucknow.
3. One case, being Case No. 6329 of 2017, arising out of Case Crime No. 1010 of 2017, under Sections 504, 506 and 323 IPC was lodged at Police Station Thakurganj, Lucknow 'State Vs. Mohd. Kamal and others', pending in the Court Special Additional Chief Judicial Magistrate, C.B.I., Ayodhya Prakaran, Lucknow has been instituted by the petitioner against respondent no. 2 and her family members.
4. Heard learned counsel for the petitioner, learned Additional Government and Mr. Salil Tripathi, Advocate, who has put in appearance on behalf of respondent no. 2. Vakalatnama filed by Mr. Salil Tripathi is taken on record.
5. Petitioner-Mohd. Arqam Khan and respondent no. 2 are present in person in the Court. They have been been duly identified by their respective counsels.
6. Respondent no. 2 says that she has settled her dispute with the petitioner. She further says that out of total alimony amount of Rs.2,20,000/- (Rupees two lakh twnety thousand), she has already received Rs.1,10,000/- (Rupees one lakh ten thousand). For remaining amount of Rs.1,10,000/-, a demand draft of ICICI Bank, Aligang Branch, Lucknow has been handed over to the respondent no. 2 today, in the Court. Respondent no. 2, therefore, submits that she would withdraw all the cases instituted by her against the petitioner and his family members. Petitioner undertakes to withdraw the case instituted by him against the respondent no. 2 and her family members.
6. In view of the aforesaid facts, and considering the fact that the parties have settled their disputed amicably, outside the Court, and marriage has got dissolved by Talaqnama, copy of which has been placed on record as Annexure-8, this petition is disposed of with the aforesaid undertaking of the petitioner, and respondent no. 2 that they would withdraw case(s) instituted by them against each other and family member(s).
[D.K. Singh,J.] Order Date :- 9.12.2019 MVS/-