High Court · 2025

Judgment

1. Mr. Ravi Bisht , learned counsel holding brief of Mr. Adit ya Prat ap Singh, learned counsel for t he applicant s.

2. Mr. Vipul Painuly, learned Assist ant Governm ent

Advocat e wit h Mr. Rakesh Negi, learned Br ief Holder for t he St at e.

3. Mr. Sum it Baj aj , learned counsel for respondent no.2.

4. Mr. Mahesh Chandra Pant , learned counsel/ Mediat or.

5. This m at t er is being t aken up in t he Nat ional Lok Adalat held on 10.05.2025.

6. I n t he inst ant applicat ions, a Com pounding Applicat ions ( I A No. 01 of 2024) have been m oved, which are support ed wit h t he affidavit s of each of t he applicant s and respondent No. 2- Saiyada Rehm an.

7. Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan and respondent No.2- com plainant are present in t he Court physically, however and each of t hem are ident ified by t heir respect ive counsel t hrough t heir Aadhar Cards.

8. I n bot h t he applicat ions, t he applicant s are facing t rial in respect of Crim inal Case No.1306 of 2023, for t he offences punishable under Sect ions 498- A, 323, 377, 504, 506 I PC read w it h Sect ion 3/ 4 of t he Dowry Prohibit ion Act and 3/ 4 Muslim Wom en ( Prot ect ion of Right s on Marriage) Act , 2019, which is pending in t he Court of Addit ional Chief Judicial Magist rat e, Khat im a, Dist r ict Udham Singh Nagar.

9. Fact s of t he case are t hat t he Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan m arr ied w it h t he com plainant - respondent no.2 on

03.02.2023. However, t hey bot h lived t oget her only for t wo m ont hs, and since t hen t hey are living separat ely. Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan and respondent no.2 bot h have already decided wit h am icable set t lem ent t hat t hey will m ove an applicat ion for dissolut ion of m ar riage m ut ually under t he Dissolut ion of Muslim Marriage Act , 1939 before t he Fam ily Court Khat im a, Dist r ict Udham Singh Nagar. A specific ground has been t aken by bot h, t he Applicant in C482 No.2459 of 2023- Mr. Syed Mohd. Haleem @Subhan and t he com plainant - respondent no.2, t hat now t hey have decided t o live separat ely, and t o get divorce by m ut ual consent , t hey also com e up wit h t he set t lem ent t hat t he applicant - husband will pay a sum of Rs.12,41,000/ - t o t he com plainant - w ife as one t im e set t lem ent for m aint enance. They have also decided t hat t hey bot h will wit hdraw all t he cases filed by t hem against each ot her. I n Paragraph No.3 of t he com prom ise it is st at ed t hat bot h t he part ies have agreed t o one t im e set t lem ent of m aint enance and all ot her dues. Mr. Syed Mohd. Haleem ( husband) has agreed t o pay a sum of Rs.12,41,000/ - t hrough Bank Draft No.293762, dat ed 12.11.2024, issued by SBI Khat im a ( in t he dr aft applicat ion nam e is m ent ioned Syed Muohd Naqvi) , in favour of Sayyada Rahm an ( wife) which shall rem ain part of t his record and Saiyada Rehm an ( w ife) would be at libert y t o m ove an applicat ion for t he wit hdrawal of t he sam e aft er dissolut ion of m arr iage which w ill be filed before Fam ily Court Khat im a, Dist r ict Udham Singh Nagar/ Com pet ent Court . This am ount shall be inclusive of all kinds of liabilit ies, m aint enance, dues et c.

10. The Dem and Draft No.293762, dat ed 12.11.2024, is valid t hree m ont hs is apparent ly not execut able, as it is beyond lim it .

11. Applicant - husband and respondent No.2 are present in t he Court physically, and I have int eract ed wit h t hem , and part icular ly, w it h respondent no.2, and she subm it s t hat she does not want t o live w it h t he applicant - husband.

12. I n view of t he above, t he present com pounding applicat ions deserve t o be allowed.

13. Accordingly, t he com pounding applicat ions are allowed. The proceedings of Cr im inal Case No.1306 of 2023, for t he offences punishable under Sect ions 498- A, 323, 377, 504, 506 I PC read wit h Sect ion 3/ 4 of t he Dowry Prohibit ion Act and 3/ 4 Muslim Wom en ( Pr ot ect ion of Right s on Marriage) Act , 2019, which is pending in t he Court of Addit ional Chief Judicial Magist rat e, Khat im a, Dist r ict Udham Singh Nagar, are quashed.

14. The applicant - husband ( Syed Mohd. Haleem ) direct ed t o hand over a new Dem and Draft of t he am ount m ent ioned above t o t he respondent - wife ( Saiyada Rehm an) wit h a validit y of six m ont hs on t he dat e fixed before t he Trial Court , i.e. 15.05.2025, posit ively. The expired Dem and Dr aft be ret urned t o t he applicant - husband, subj ect t o t he condit ion m ent ioned hereinabove.

15. I n view of t his, t he present applicat ions ar e disposed of.

16. Pending applicat ion, if any, also st ands disposed of. ( A sh i sh N a i t h a n i , J.) 1 0 .0 5 .2 0 2 5 9 NI SHANT NISHANT KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=ad3fcb5ca64340f5dd0a4c574afa0fd63133605ca57cdc00ec2b7462b452b32 6, postalCode=263001, st=UTTARAKHAND, serialNumber=7E81318F3B1BE7EAAC9370185F7C9C20892BC63A055CFD196169056 0487E670C, cn=NISHANT KUMAR