Allahabad High Court
Mohd. Umar vs State Of U.P. Thru. Prin. Secy. Home Lko ... on 21 March, 2025
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:16525 Court No. - 12 Case :- CRIMINAL REVISION No. - 707 of 2024 Revisionist :- Mohd. Umar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Revisionist :- Mohd. Ghufran Khan,Qazi Mohd.Ahmad Counsel for Opposite Party :- G.A.,Arvind Kumar,Ram Singh Verma Hon'ble Alok Mathur,J.
1. Qazi Mohd. Ahmad, learned counsel for the revisionist as well as Ram Singh Verma, learned counsel on behalf of opposite party no.2.
2. It has been jointly submitted by learned counsel for both the parties that during the mediation proceedings, a settlement has been arrived at between the parties which has been enclosed along with the report of the mediator. The settlement reads as under:-
"This SETTLEMENT AGREEMENT entered into on 16.01.2025 between Mohd. Umar @ Umar Farooq S/O Mohd. Farooq R/O Village Kolhai Gareeb P.S. Khodare District Gonda [FIRST PARTY/HUSBAND] and Nazma Khatoon D/O Kalamuddin R/O Village Saray Khas (Malik Deeh) P.S. Rehra Bazar District Balrampur [SECOND ARTY/WIFE] WHERE AS
1. Disputes and differences had arisen between the Parties here to and CRIMINAL REVISION No.707 of 2024 (Mohd. Umar Vs State of U. P. & Another) was filed in the High Court of Judicature at Allahabad, Lucknow.
2. The matter was referred to Mediation/Conciliation vide an order dated 05.09.2024 passed by Hon'ble Mr. Justice Abdul Moin.
3. The parties agreed that Mr. Ali Akhtar Zaidi, Advocate and Mr. Manish Jauhari, Advocate would act as their Mediators/Conciliators.
4. Several meetings were held during the process of Conciliation/Mediation and the parties have with the assistance of the Mediators / Conciliators voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediators / Conciliators.
6. The following settlement has been arrived at between the Parties hereto:
A) That both the parties solemnized their marriage in 2016 and now they have agreed to live separately in future and dissolve their marriage with mutual consent, accordingly the parties have jointly executed a Talaqnama (Talaq-e-Mubarat) dated 03.01.2025 in presence of witnesses.
B) The parties have agreed that a sum of Rs.1,40,000/- (Rupees One Lakh Forty Thousand only) shall be paid by the First Party to the Second Party towards one time full and final settlement of all the claims of the Second Party against the First Party including the claim permanent alimony. Accordingly the First Party has handed a Demand Draft No.081593 dated 10.12.2024 amounting to Rs.1,40,000/-(Rupees One Lakh Forty Thousand only) drawn on State Bank of India, Branch-High Court (Lucknow) to the Second Party today i.e.16.01.2025 and receipt of the same is acknowledged by her.
C) The parties have agreed to withdraw/not press the cases filed against each other.
The details of the cases are mentioned hereunder:
(1) Criminal Case 1442 of 2018 U/S 323, 504 and 498A I.P.C. and Section 3/4 D. P. Act, P. S. Khodre, Gonda pending before Civil Judge (Jr. Div.)/J. M. Utraula, Balrampur.
(ii) Criminal Case No.M-430 of 2022 (Nazma Khatoon Vs. Mohd. Umar) U/S 125 Cr.P.C. pending before Principal Judge, Family Court, Balrampur.
D) That the Second Party has agreed that she will have no objection if the Hon'ble Court decides the CRIMINAL REVISION No.707 of 2024 (Mohd. Umar Vs State of U. P. & Another) with regard to order dated 01.05.2023, 11.12.2023 and 13.05.2024 passed by Principal Judge, Family Court, Balrampur in terms of this settlement agreement.
E) The parties have agreed that apart from mentioned case, if any other criminal case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed of in terms of this Settlement Agreement.
F) That it is also agreed between the parties that henceforth no case will be instituted by them against each other or any of their respective family members in future in the form of criminal or civil proceedings in respect of present dispute.
G) That both the parties shall be bound by the terms and conditions of this Settlement Agreement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court.
7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to the matter involved in CRIMINAL REVISION No.707 of 2024 (Mohd. Umar Vs State of U. P. & Another) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation."
3. The criminal revision is disposed of in terms of the settlement agreement arrived at between the parties. The settlement agreement dated 16.01.2025 shall remain part of this order.
[Alok Mathur,J.] Order Date :- 21.3.2025 KR