State v. Arif Khan and Others), arising out of Case Crime No

1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants, Sri Sanjay Kumar Tiwari, learned counsel for the opposite party no. 2 and Ms. Harshita Rani, learned A.G.A. for the State.

2. The instant application under Section 528 B.N.S.S. has been filed seeking quashing of the entire proceedings of Criminal Case No. 17855 of 2018 (State Vs. Arif Khan and Others), arising out of Case Crime No. 0179 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Juhi, District Kanpur Nagar pending in the Court of Judicial Magistrate, Court No. 8, Kanpur Nagar.

3. Vide order dated 20.05.2025 passed by the co-ordinate Bench of this Court, matter was referred to the Mediation Center of this Court.

4. Learned counsel of the applicants submits that the opposite party no. 2 is the wife of applicant no.1 herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicant herein. However, learned counsel for the applicants submits that parties have settled their disputes amicably before the Mediation Center of this Court. The mediation settlement agreement dated

10.07.2025 is on record, which is read as under:- " This SETTLEMENT AGREEMENT entered into on 10.07.2025, between Mohd. Arif Khan (Applicant No. 1-husband) and Smt. Zoya Usmani (O. P. No.2-wife). 2 NA528 No. 17911 of 2025 WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Application U/S 528 BNSS No. 17911 of 2025 was filed before the Hon'ble High Court.

2. The matter was referred to mediation/conciliation vide order dated 20.05.2025 passed by Bench of Hon'ble Vikram D. Chauhan, J.

3. The parties agreed that Mr. Jai Raj Singh Tomar and Mrs. Sunita Jain, Advocates would act as their Conciliators/Mediators, in the Mediation Case No. 2865/2025.

4. Joint and separate meetings were held during the process of Conciliation/Mediation on 10- 07-2025 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. That the marriage between Mohd. Arif Khan (Applicant No. 1-husband) and Smt. Zoya Usmani (O. P. No.2-wife) was solemnized according to Muslim Rites and Rituals on 09.06.2013. Out of their wedlock, the parties have two children, namely, Mohd. Ariz & Zayna Fatima (who were born on 29.12.2014 & 20.11.2019 respectively). Due to certain disputes, the parties were living separately since September, 2016 but in the meantime bettersense prevailed between the parties and they started living together as husband and wife since 08.06. 2017.

6. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement-Agreement the presence of Mediators/Conciliators.

7. The following Settlement has been arrived at between the Parties in hereto:- a. That both the parties have already settled their dispute and pursuant to the same they have entered into "Sulahnama dated 22.04.2025", a copy whereof is annexed herewith for kind perusal of the Hon'ble Court. b. That according to the aforesaid Sulahnama dated 22.04.2025, both the parties have been living together as husband and wife since 08.06.2017 along with their children in perfect harmony forgetting all previous disputes and differences and they further undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other. c. That both the parties further stated that that they are fully satisfied with this reunion and they want to continue it for the rest of their lives. d. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. 3 NA528 No. 17911 of 2025 e. That it has been agreed between the parties that they will take good care of each other and their respective family members and live in peaceful and cordial atmosphere. f. That the husband undertakes to take care of his wife and children and fulfill all essential requirements and amenities to them in future also. Wife also undertakes to fulfill all responsibilities and duties of a legally wedded wife. g. That it has been further agreed between the parties that all the cases (civil and criminal) pending between the parties in any Sub-ordinate Court regarding the present matrimonial disputes shall be withdrawn by the parties concerned by taking appropriate steps in view of this Settlement. h. That it has been further agreed between the parties that they shall not file any fresh case/litigation against each other regarding the present matrimonial dispute.

8. By signing this Agreement the Parties hereto state that the Application U/S 528 BNSS No. 17911 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

9. That this Settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the Settlement."

5. Learned counsel for opposite party no. 2 admits the aforesaid facts regarding execution of compromise. He also admits the fact that the matrimonial relations between the parties has already been settled and they have decided to live together as husband and wife and they are living together, therefore he supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties before the Mediation Center of this Court.

6. Learned AGA, looking at the facts and circumstances of the case and its settlement, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

7. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that it is a matrimonial discord between the applicant no. 1 and opposite party no. 2 and both of them have resolved their dispute amicably before the Mediation Center of this Court vide Mediation Settlement dated 10.07.2025 and they have decided to live together as husband and wife. Thus, in the light of the judgment of the Apex Court in 4 NA528 No. 17911 of 2025 Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Criminal Case No. 17855 of 2018 (State Vs. Arif Khan and Others), arising out of Case Crime No. 0179 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Juhi, District Kanpur Nagar pending in the Court of Judicial Magistrate, Court No. 8, Kanpur Nagar, are hereby quashed. (Anish Kumar Gupta,J.) November 6, 2025 Vibha Singh

1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants, Sri Sanjay Kumar Tiwari, learned counsel for the opposite party no. 2 and Ms. Harshita Rani, learned A.G.A. for the State.

2. The instant application under Section 528 B.N.S.S. has been filed seeking quashing of the entire proceedings of Criminal Case No. 17855 of 2018 (State Vs. Arif Khan and Others), arising out of Case Crime No. 0179 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Juhi, District Kanpur Nagar pending in the Court of Judicial Magistrate, Court No. 8, Kanpur Nagar.

3. Vide order dated 20.05.2025 passed by the co-ordinate Bench of this Court, matter was referred to the Mediation Center of this Court.

4. Learned counsel of the applicants submits that the opposite party no. 2 is the wife of applicant no.1 herein. There was a matrimonial discord between them, due to which the instant F.I.R. was lodged by opposite party no.2 against the applicant herein. However, learned counsel for the applicants submits that parties have settled their disputes amicably before the Mediation Center of this Court. The mediation settlement agreement dated

10.07.2025 is on record, which is read as under:- " This SETTLEMENT AGREEMENT entered into on 10.07.2025, between Mohd. Arif Khan (Applicant No. 1-husband) and Smt. Zoya Usmani (O. P. No.2-wife). 2 NA528 No. 17911 of 2025 WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Application U/S 528 BNSS No. 17911 of 2025 was filed before the Hon'ble High Court.

2. The matter was referred to mediation/conciliation vide order dated 20.05.2025 passed by Bench of Hon'ble Vikram D. Chauhan, J.

3. The parties agreed that Mr. Jai Raj Singh Tomar and Mrs. Sunita Jain, Advocates would act as their Conciliators/Mediators, in the Mediation Case No. 2865/2025.

4. Joint and separate meetings were held during the process of Conciliation/Mediation on 10- 07-2025 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. That the marriage between Mohd. Arif Khan (Applicant No. 1-husband) and Smt. Zoya Usmani (O. P. No.2-wife) was solemnized according to Muslim Rites and Rituals on 09.06.2013. Out of their wedlock, the parties have two children, namely, Mohd. Ariz & Zayna Fatima (who were born on 29.12.2014 & 20.11.2019 respectively). Due to certain disputes, the parties were living separately since September, 2016 but in the meantime bettersense prevailed between the parties and they started living together as husband and wife since 08.06. 2017.

6. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement-Agreement the presence of Mediators/Conciliators.

7. The following Settlement has been arrived at between the Parties in hereto:- a. That both the parties have already settled their dispute and pursuant to the same they have entered into "Sulahnama dated 22.04.2025", a copy whereof is annexed herewith for kind perusal of the Hon'ble Court. b. That according to the aforesaid Sulahnama dated 22.04.2025, both the parties have been living together as husband and wife since 08.06.2017 along with their children in perfect harmony forgetting all previous disputes and differences and they further undertake to discharge all matrimonial obligations towards each other in respectful manner and undertake not to commit any kind of cruelty against each other. c. That both the parties further stated that that they are fully satisfied with this reunion and they want to continue it for the rest of their lives. d. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. 3 NA528 No. 17911 of 2025 e. That it has been agreed between the parties that they will take good care of each other and their respective family members and live in peaceful and cordial atmosphere. f. That the husband undertakes to take care of his wife and children and fulfill all essential requirements and amenities to them in future also. Wife also undertakes to fulfill all responsibilities and duties of a legally wedded wife. g. That it has been further agreed between the parties that all the cases (civil and criminal) pending between the parties in any Sub-ordinate Court regarding the present matrimonial disputes shall be withdrawn by the parties concerned by taking appropriate steps in view of this Settlement. h. That it has been further agreed between the parties that they shall not file any fresh case/litigation against each other regarding the present matrimonial dispute.

8. By signing this Agreement the Parties hereto state that the Application U/S 528 BNSS No. 17911 of 2025 and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.

9. That this Settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the Settlement."

5. Learned counsel for opposite party no. 2 admits the aforesaid facts regarding execution of compromise. He also admits the fact that the matrimonial relations between the parties has already been settled and they have decided to live together as husband and wife and they are living together, therefore he supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties before the Mediation Center of this Court.

6. Learned AGA, looking at the facts and circumstances of the case and its settlement, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein.

7. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that it is a matrimonial discord between the applicant no. 1 and opposite party no. 2 and both of them have resolved their dispute amicably before the Mediation Center of this Court vide Mediation Settlement dated 10.07.2025 and they have decided to live together as husband and wife. Thus, in the light of the judgment of the Apex Court in 4 NA528 No. 17911 of 2025 Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in Criminal Case No. 17855 of 2018 (State Vs. Arif Khan and Others), arising out of Case Crime No. 0179 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station-Juhi, District Kanpur Nagar pending in the Court of Judicial Magistrate, Court No. 8, Kanpur Nagar, are hereby quashed. (Anish Kumar Gupta,J.) November 6, 2025 Vibha Singh