Mehrun Nisha v. With
Case Details
1 Cr. Revision No.188 of 2022 & analogous cases IN THE HIGH COURT OF JHARKHAND AT RANCHI Md. Aslam Ansari @ Aslam Ansari ..... Petitioner Cr. Revision No.188 of 2022 Mehrun Nisha Versus With …. Opp. Party Cr. Revision No.634 of 2022 Mehrun Nisha Versus The State of Jharkhand & Anr. …. Petitioner …. Opp. Parties With Cr. Revision No.947 of 2022 Shahin Parveen @ Shaheen Parween ..... Petitioner Versus The State of Jharkhand & Anr. …. Opp. Parties With Cr. Revision No.539 of 2023 1. Md. Aslam Ansari @ Aslam Ansari 2. Momina Khatoon Versus The State of Jharkhand & Anr. ..... Petitioner …. Opp. Parties
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners For the State : : Mr. Pratiush Lala, Advocate Mr. A.K. Sahini, Advocate (Advocates in respective cases) Mr. Anuradha Sahay, APP Mr. Sunil Kr. Dubey, APP (APPs in respective cases) For the O.P. No.2 : Mr. Ziad Ahmed, Advocate Mr. A.K. Sahini, Advocate (Advocates in respective cases) ----- 15/22.06.2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. At the outset, learned counsel Mr. AK Sahani appearing on behalf of the petitioner in criminal revision No. 634 of 2022 seeks to withdraw this case in view of the fact that this criminal revision is related to the enhancement of the maintenance amount awarded to this petitioner by the learned court below in as much as the matter has been compromised and settled between the parties and therefore it is submitted that it has become infructuous. 2 Cr. Revision No.188 of 2022 & analogous cases 3. Learned counsel Mr. Paritush Lala appearing on behalf of opposite party No. 2 does not raise any objection. 4. Accordingly, the criminal revision No. 634 of 2022 gets disposed of as infructuous. 5. Now in rest of three cases, heard learned counsel Mr. Pratiush Lala appearing on behalf of the petitioners in criminal revision No. 188 of 2022, criminal revision No. 947 of 2022 and criminal revision No. 539 of 2023 and learned counsel Mr. Zaid Ahmad appearing on behalf of OP No. 2 in criminal revision No. 188 of 2022 and criminal revision No. 539 of 2023 and Mr. A.K. Sahani appearing on behalf of OP No. 2 in criminal revision No. 947 of 2022. Learned APP in the respective cases are also present. 6. All the four criminal revisions are related to the matrimonial dispute between the husband Md. Aslam Ansari @ Aslam Ansari and opposite party No. 2 Mehrun Nisha, wife and as such, all the aforesaid cases are being heard together and disposed of by the joint order on the basis of the compromise and settlement arrived at between both the parties. 7. It is jointly submitted on behalf of both the parties that during pending of this criminal revision No. 188 of 2022, the matter was sent to the mediation centre, JHALSA for resolving the dispute amicably between the parties once and for all and accordingly the matter was resolved between both the parties at the mediation center, JHALSA by the mediator. The report of the mediator has been received, which is available on record in the record of criminal revision No. 188 of 2022. From perusal of the said report, it appears that both the parties have resolved their disputes amicably between them and it has been agreed upon by both the parties for payment of a sum of ₹7,00,000/- (rupees seven lakhs only) as one time settlement to be given by the husband to the wife vide settlement agreement dated 20.01.2023 and thereafter the entire cases between them shall be disposed of on the basis of the 3 Cr. Revision No.188 of 2022 & analogous cases compromise and settlement, which includes following cases pending in the concerned court below:- (a) CP case No. 2346 of 2019 pending in the court of concerned learned court below at Dhanbad. (b) CP case No. 2347 of 2019 pending in the concerned court below at Dhanbad and (c) the original Maintenance Case No. 530 of 2019 pending in the concerned family court at Dhanbad. 8. Now it has been submitted by learned counsels appearing on behalf of the husband and wife jointly that the entire terms and conditions as arrived at between the parties vide aforesaid settlement agreement dated 20.01.2023 have been complied by the respective parties and now no grievance is leftover of the parties, under which a sum of ₹7,00,000/- (rupees seven lakhs) has been deposited by the petitioner, which has been duly received by the wife and in this context, an I.A. No. 4896 of 2023 has been filed in the criminal revision No. 539 of 2023, which is a joint compromise petition filed by the both the parties namely the wife Mehrun Nisha and the husband Md. Aslam Ansari alias Aslam Ansari. From perusal of the said interlocutory application, it is found that both the petitioner and the opposite party No. 2, who are the husband and wife in criminal revision No.539 of 2022 have entered into a compromise by virtue of the aforesaid settlement agreement dated 20.01.2023, under which all the terms and conditions have been complied with by the respective parties and the photocopy of the three demand drafts total amounting ₹7,00,000/- in the name of the opposite party No. 2 Mehrun Nisha wife has also been annexed, by which it appears that the matter has been settled once and for all and therefore in the light of the aforesaid development by which both the parties have settled their dispute forever, it is in the interest of justice to dispose of the cases pending in the court below in terms of the compromise and settlement arrived at 4 Cr. Revision No.188 of 2022 & analogous cases between both the parties. Accordingly, the CP Case No. 2346 of 2019 pending in the concerned court below of judicial magistrate at Dhanbad related to 498A of IPC and Section 4 of the dowry prohibition act, the CP case No. 2347 of 2019 pending in the concerned court of Judicial Magistrate, Dhanbad related to Domestic Violence Act and the 3rd is the original maintenance case No. 530 of 2019 gets disposed of in terms of the compromise and settlement arrived at between both the parties and accordingly the entire criminal revisions, i.e. criminal revision No. 188 of 2022, criminal revision No. 947 of 2022 and criminal revision No. 539 of 2023, pending before this court also
Decision
get disposed of in terms of the compromise and settlement arrived at between both the parties dated 20.01.2023, under which the respective parties had complied with all the terms and conditions. Consequently, the husband (Md. Aslam Ansari), his mother (Momina Khatoon), his sister (Shahin Parween), who are accused in connection with C.P. Case No.2346 of 2019, pending in the concerned court of Judicial Magistrate, 1st Class, Dhanbad get discharged from the offences punishable u/s 498-A of IPC and u/s 4 of the Dowry Prohibition Act. 9. Accordingly, I.A. No.4895 of 2023 and IA No.4896 of 2023 filed in Cr. Revision No.539 of 2023 and I.A. No.5729 of 2022 filed in Cr. Revision No.634 of 2022 gets disposed of accordingly. R.Kumar (Navneet Kumar, J.)