Smt. Binu Sharma And Another v. Party

Court No.5, Ghaziabad in Case No.585 of 2019 (Smt. Binu Sharma Vs. Dhirendra Kaushik and other) under Sections 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad.

3. Today on the matter being taken up, learned counsel for the revisionist submits that pursuant to the order dated 12.08.2025 passed by a Co-ordinate Bench of this Court, Lucknow Bench in Application U/S 482 No. 4660 of 2023 (Dhirendra Kaushik and Others Vs. State of U.P. & Another), since the dispute between the revisionist (applicant in that application) and opposite party no.1, who are husband and wife respectively, is matrimonial in nature, the matter was referred to the High Court Mediation and Conciliation Centre, Lucknow Bench where settlement agreement had been arrived between the parties vide settlement agreement dated 29.5.2024. Since both the parties settled their dispute amicably before the the Mediation and 2 CRLR No. 3834 of 2022 Conciliation Centre at High Court of Judicature at Lucknow Bench, para 6 of the settlement agreement dated 29.5.2024 is quoted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Dhirendra Kaushik (First Party/husband) and Beenu Sharma (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Ghaziabad bearing R. S. No. 1458 of 2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.22,00,000/- (Twenty Two Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their daughter namely Anshika, who was born out of the wedlock of both the parties. C. That both the parties have agreed that the aforesaid amount Rs.22,00,000/- (Twenty Two Lacs only) would be paid to the Second Party/wife in two installments. The first installment of Rs. 11,00,000/- (Eleven Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow in the shape of Demand Drafts to be prepared in such a manner that an amount of Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to the Second Party/wife- Beenu Sharma @ Beenu Tiwari and Rs. 5,50,000/- (Five Lacs Fifty Thousand only) be paid to their daughter Anshika. The second installment of Rs. 11,00,000/- (Rupees Eleven Lacs Fifty Thousand) will be paid by the First Party/husband to the Second Party/wife in the shape of Demand Drafts be prepared in such a manner that an amount of Rs 5,50,000/-(Five Lacs Fifty Thousand only) be paid the Second Party/wife-Beenu Sharma @ Beenu Tiwari and Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to their daughter Anshika at the time of second motion of the joint petition for divorce bearing R.S. No. 1458 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Ghaziabad. 3 CRLR No. 3834 of 2022 D. That in accordance with clause 6 (C), the First Party has handed over two Demand Drafts to the Second Party today ie 29.05.2024. The Second Party acknowledges the receipt of the same. The details of the Demand Drafts are mentioned hereunder:- (I) D. D. No. 902635 dated 17.05.2024 amounting to Rs.5,50,000/- (Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Beenu Tiwari Canara Bank AC No.

110105274497. (II) D. D. No. 902648 dated 20.05.2024 amount Rs.5,50,000/-(Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Anshika D/O Beenu Tiwari. E. That the parties have agreed that the custody of their daughter Anshika would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses to be incurred towards bringing up of Anshika viz education, daily needs, marriage etc. F. That the First Party has agreed that he shall not claim the custody of Anshika in future. G. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

1. FIR No. 356 of 2016 under Sections 323, 504, 506, 376, 511 of Indian Penal Code Government of U. P. Vs. Dhirendra Kaushik and Other) Police Station Sahibabad, District Ghaziabad.

2. FIR number 2131/2016 under sections 498, 323, 354, 354, 354 N, 504, 506 of the Indian Penal Code, Government of U. P. Vs. Dhirendra Kaushik and Others, Police Station- Sahibabad District Ghaziabad.

3. Case No. 2830 of 2017 in Case Crime No. 1563 of 2017 (Government of U. P. Vs. Yagyaval Sharma and Other) Police Station-Sahibabad, District-Ghaziabad.

4. FIR No. 2444/2017 (Government Of U. P. Vs. Deep Sharma and Others) Police Station Sahibabad, District-Ghaziabad.

5. Complaint number 13966 year 2017 Binu Sharma vs Vs. Dhirendra Kaushik and Others, Police Station-Sahibabad, District-Ghaziabad.

6. Case number 15965 year 2017 (Binu Sharma Vs. Deep Sharma and others) Police Station-Sahibabad District-Ghaziabad. 4 CRLR No. 3834 of 2022

7. NCR Report No. 310 Year 2017 Section 323, 506 Indian Penal Code Government vs. Dhirendra Kaushik Police Station Sahibabad District Ghaziabad.

8. Complaint number 874 year 2018 (Binu vs. Dhirendra Kaushik and Others), U/S 125 Cr.P.C. Police Station Sahibabad District Ghaziabad.

9. Case number 384 year 2017 (Binu Sharma vs. Dhirendra Kaushik and Others) Police station Sahibabad District Ghaziabad.

10. Complaint No. 585 of 2019 (Binu Vs. Dhirendra Police Station- Sahibabad, District-Ghaziabad.

11. Case No. 4408 of 2017, (Binu v. Dhirendra Kaushik and others), Police Station- Sahibabad, District-Ghaziabad.

12. Case No. 4413 of 2017 (Binu Vs. Dhirendra Kaushik and others) Police Station- Sahibabad, District-Ghaziabad.

13. Case number 3694 of 2016, (Mrs. Binu Vs. Dhirendra Kaushik and Others) under Domestic Violence Act, Police Station-Sahibabad, District- Ghaziabad, whose revision number 3834 of 2022 is pending in the Honorable High Court, Allahabad.

14. FIR No. 1564 of 2017 under sections 323, 354, 354A of the Indian Penal Code vs. Binu Sharma, Police Station Sahibabad, District Ghaziabad.

15. Case No. 2217 2017 (Government of U.P. Vs. Binu Sharma), Police Station Sahibaba District-Ghaziabad. H. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No.4660 of 2023 (Dhirendra Kaushik & Others Vs State o U.P. & Another) in terms of this settlement agreement. I. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the casets) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. J. 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 any dispute arising out of their marriage or any matter incidental thereto. 5 CRLR No. 3834 of 2022 K. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% pa. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party and the First Party will be at liberty to reopen his cases decided by theH on'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court Forum The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

4. Learned counsel for the revisionist submits that so far as the proceedings being Complaint Case No. 585 of 2019 (Smt. Binu Sharma Vs. Dhirendra Kaushik and other) under Sections 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad, the same as per the settlement between the parties in the settlement agreement dated 29.05.2024 in pursuance of the Lucknow Bench of this Court, finds place at serial no. 10 being Complaint No.585 of 2019. He submits that in view of the condition No. I of the para-6 of the Settlement Agreement, the parties are to withdraw all the criminal cases which are inter se pending between the parties.

5. Learned counsel for the revisionist submits that with respect to the impugned judgment and order dated 27.8.2022 passed by Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.6, Ghaziabad in Criminal Appeal No.209 of 2019 (Shri Dhirendra Kaushik Vs. Smt. Binu Sharma & Anr.) under Section 29 of the Protection of Women From Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad a counter affidavit filed by the opposite party No.1 23.10.2024 duly sworn by her, according to which, the present revision is being requested to allow and the impugned judgment and orders dated 27.8.2022 passed by the Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.6, Ghaziabad in Criminal Appeal No.209 of 2019 and 11.9.2019 passed by the 6 CRLR No. 3834 of 2022 Additional Civil Judge (Senior Division)/Additional Judicial Magistrate, Court No.5, Ghaziabad in Case No. 585 of 2019 be set aside, wherein para- 10 has been observed as under: "That in the light of the facts and circumstances narrated above it is expedient in the interest of justice that this Hon'ble Court be pleased to allow the above mention revision and set aside the impugned judgment and order dated 27.08.2022 passed by the Court of Special Judge (Gangster Act) Additional District and Session Judge, Court no. 6, Ghaziabad in Domestic Violence Criminal Appeal No. 209 of 2019, "Shri Dhirendra Kaushik vs. Smt. Binu Sharma and another', Under Section 29 of the Protection of Women From Domestic Violence Act, 2005, Police Station- Sahibabad, District -Ghaziabad and judgment and order dated

11.09.2019 passed by the Court of Learned Additional Civil Judge (Senior Division)/Additional Judicial Magistrate, Cou No. 5, Ghaziabad in Case No. 585 of 2019, 'Smt. Binu Sharma Dhirendra Kaushik and other Under Section 12, 18, 19, 20, 21, 22 23 of the Protection of Women From Domestic Violence Act."

6. Learned AGA as well as counsel for the opposite party no. 1 do not dispute the said fact. Learned counsel for opposite party no.1 submitted that the opposite party no.1 has voluntarily entered into the settlement and has no objection if the present criminal revision is allowed in terms of the said settlement agreement.

7. This Court is not unmindful of the following judgements of the Apex Court: i. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, ii. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, iii. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, iv. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, v. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. 7 CRLR No. 3834 of 2022

9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

10. Accordingly, the impugned judgment and orders dated 27.8.2022 passed by the Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.6, Ghaziabad in Criminal Appeal No.209 of 2019 (Shri Dhirendra Kaushik Vs. Smt. Binu Sharma and another) under Section 29 of the Protection of Women from Domestic Violence Act, 2005 and order dated 11.9.2019 passed by the Additional Civil Judge (Senior Division)/Additional Judicial Magistrate, Court No.5, Ghaziabad in Case No. 585 of 2019 Smt. Binu Sharma Vs. Dhirendra Kaushik and other) under Sections 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad is, hereby, set aside.

11. This criminal revision is, accordingly, allowed. (Chawan Prakash,J.) October 16, 2025 Md Faisal MOHD FAISAL High Court of Judicature at Allahabad

Court No.5, Ghaziabad in Case No.585 of 2019 (Smt. Binu Sharma Vs. Dhirendra Kaushik and other) under Sections 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad.

3. Today on the matter being taken up, learned counsel for the revisionist submits that pursuant to the order dated 12.08.2025 passed by a Co-ordinate Bench of this Court, Lucknow Bench in Application U/S 482 No. 4660 of 2023 (Dhirendra Kaushik and Others Vs. State of U.P. & Another), since the dispute between the revisionist (applicant in that application) and opposite party no.1, who are husband and wife respectively, is matrimonial in nature, the matter was referred to the High Court Mediation and Conciliation Centre, Lucknow Bench where settlement agreement had been arrived between the parties vide settlement agreement dated 29.5.2024. Since both the parties settled their dispute amicably before the the Mediation and 2 CRLR No. 3834 of 2022 Conciliation Centre at High Court of Judicature at Lucknow Bench, para 6 of the settlement agreement dated 29.5.2024 is quoted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Dhirendra Kaushik (First Party/husband) and Beenu Sharma (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a petition for divorce with mutual consent U/S 13-B Hindu Marriage Act, 1955 before Family Court, Ghaziabad bearing R. S. No. 1458 of 2024. Both the parties herein undertake to appear before the concerned Court on the date(s) fixed and would make their earnest endeavour to obtain a decree of divorce in terms of this settlement at the earliest. B. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.22,00,000/- (Twenty Two Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their daughter namely Anshika, who was born out of the wedlock of both the parties. C. That both the parties have agreed that the aforesaid amount Rs.22,00,000/- (Twenty Two Lacs only) would be paid to the Second Party/wife in two installments. The first installment of Rs. 11,00,000/- (Eleven Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow in the shape of Demand Drafts to be prepared in such a manner that an amount of Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to the Second Party/wife- Beenu Sharma @ Beenu Tiwari and Rs. 5,50,000/- (Five Lacs Fifty Thousand only) be paid to their daughter Anshika. The second installment of Rs. 11,00,000/- (Rupees Eleven Lacs Fifty Thousand) will be paid by the First Party/husband to the Second Party/wife in the shape of Demand Drafts be prepared in such a manner that an amount of Rs 5,50,000/-(Five Lacs Fifty Thousand only) be paid the Second Party/wife-Beenu Sharma @ Beenu Tiwari and Rs.5,50,000/-(Five Lacs Fifty Thousand only) be paid to their daughter Anshika at the time of second motion of the joint petition for divorce bearing R.S. No. 1458 of 2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Ghaziabad. 3 CRLR No. 3834 of 2022 D. That in accordance with clause 6 (C), the First Party has handed over two Demand Drafts to the Second Party today ie 29.05.2024. The Second Party acknowledges the receipt of the same. The details of the Demand Drafts are mentioned hereunder:- (I) D. D. No. 902635 dated 17.05.2024 amounting to Rs.5,50,000/- (Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Beenu Tiwari Canara Bank AC No.

110105274497. (II) D. D. No. 902648 dated 20.05.2024 amount Rs.5,50,000/-(Five Lacs Fifty Thousand only) drawn on State Bank of India in favour of Anshika D/O Beenu Tiwari. E. That the parties have agreed that the custody of their daughter Anshika would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses to be incurred towards bringing up of Anshika viz education, daily needs, marriage etc. F. That the First Party has agreed that he shall not claim the custody of Anshika in future. G. That the parties have agreed to withdraw/not press/not to pursue the cases filed against each other and their family members. The details of the cases are mentioned hereunder:

1. FIR No. 356 of 2016 under Sections 323, 504, 506, 376, 511 of Indian Penal Code Government of U. P. Vs. Dhirendra Kaushik and Other) Police Station Sahibabad, District Ghaziabad.

2. FIR number 2131/2016 under sections 498, 323, 354, 354, 354 N, 504, 506 of the Indian Penal Code, Government of U. P. Vs. Dhirendra Kaushik and Others, Police Station- Sahibabad District Ghaziabad.

3. Case No. 2830 of 2017 in Case Crime No. 1563 of 2017 (Government of U. P. Vs. Yagyaval Sharma and Other) Police Station-Sahibabad, District-Ghaziabad.

4. FIR No. 2444/2017 (Government Of U. P. Vs. Deep Sharma and Others) Police Station Sahibabad, District-Ghaziabad.

5. Complaint number 13966 year 2017 Binu Sharma vs Vs. Dhirendra Kaushik and Others, Police Station-Sahibabad, District-Ghaziabad.

6. Case number 15965 year 2017 (Binu Sharma Vs. Deep Sharma and others) Police Station-Sahibabad District-Ghaziabad. 4 CRLR No. 3834 of 2022

7. NCR Report No. 310 Year 2017 Section 323, 506 Indian Penal Code Government vs. Dhirendra Kaushik Police Station Sahibabad District Ghaziabad.

8. Complaint number 874 year 2018 (Binu vs. Dhirendra Kaushik and Others), U/S 125 Cr.P.C. Police Station Sahibabad District Ghaziabad.

9. Case number 384 year 2017 (Binu Sharma vs. Dhirendra Kaushik and Others) Police station Sahibabad District Ghaziabad.

10. Complaint No. 585 of 2019 (Binu Vs. Dhirendra Police Station- Sahibabad, District-Ghaziabad.

11. Case No. 4408 of 2017, (Binu v. Dhirendra Kaushik and others), Police Station- Sahibabad, District-Ghaziabad.

12. Case No. 4413 of 2017 (Binu Vs. Dhirendra Kaushik and others) Police Station- Sahibabad, District-Ghaziabad.

13. Case number 3694 of 2016, (Mrs. Binu Vs. Dhirendra Kaushik and Others) under Domestic Violence Act, Police Station-Sahibabad, District- Ghaziabad, whose revision number 3834 of 2022 is pending in the Honorable High Court, Allahabad.

14. FIR No. 1564 of 2017 under sections 323, 354, 354A of the Indian Penal Code vs. Binu Sharma, Police Station Sahibabad, District Ghaziabad.

15. Case No. 2217 2017 (Government of U.P. Vs. Binu Sharma), Police Station Sahibaba District-Ghaziabad. H. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the APPLICATION U/s 482 No.4660 of 2023 (Dhirendra Kaushik & Others Vs State o U.P. & Another) in terms of this settlement agreement. I. In addition to above mentioned case, if any other case(s) is pending between the parties, both the parties shall not have any objection if the casets) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. J. 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 any dispute arising out of their marriage or any matter incidental thereto. 5 CRLR No. 3834 of 2022 K. That both the parties shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing the default shall be liable for playing fraud with the Court hence for contempt of the Court. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% pa. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party and the First Party will be at liberty to reopen his cases decided by theH on'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court Forum The First Party has agreed that in case he fails to attend and cooperate in the divorce case, the amount received by the Second Party from the First Party shall not be returned by the Second Party and the Second Party shall be at liberty to reopen her case(s) decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum."

4. Learned counsel for the revisionist submits that so far as the proceedings being Complaint Case No. 585 of 2019 (Smt. Binu Sharma Vs. Dhirendra Kaushik and other) under Sections 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad, the same as per the settlement between the parties in the settlement agreement dated 29.05.2024 in pursuance of the Lucknow Bench of this Court, finds place at serial no. 10 being Complaint No.585 of 2019. He submits that in view of the condition No. I of the para-6 of the Settlement Agreement, the parties are to withdraw all the criminal cases which are inter se pending between the parties.

5. Learned counsel for the revisionist submits that with respect to the impugned judgment and order dated 27.8.2022 passed by Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.6, Ghaziabad in Criminal Appeal No.209 of 2019 (Shri Dhirendra Kaushik Vs. Smt. Binu Sharma & Anr.) under Section 29 of the Protection of Women From Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad a counter affidavit filed by the opposite party No.1 23.10.2024 duly sworn by her, according to which, the present revision is being requested to allow and the impugned judgment and orders dated 27.8.2022 passed by the Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.6, Ghaziabad in Criminal Appeal No.209 of 2019 and 11.9.2019 passed by the 6 CRLR No. 3834 of 2022 Additional Civil Judge (Senior Division)/Additional Judicial Magistrate, Court No.5, Ghaziabad in Case No. 585 of 2019 be set aside, wherein para- 10 has been observed as under: "That in the light of the facts and circumstances narrated above it is expedient in the interest of justice that this Hon'ble Court be pleased to allow the above mention revision and set aside the impugned judgment and order dated 27.08.2022 passed by the Court of Special Judge (Gangster Act) Additional District and Session Judge, Court no. 6, Ghaziabad in Domestic Violence Criminal Appeal No. 209 of 2019, "Shri Dhirendra Kaushik vs. Smt. Binu Sharma and another', Under Section 29 of the Protection of Women From Domestic Violence Act, 2005, Police Station- Sahibabad, District -Ghaziabad and judgment and order dated

11.09.2019 passed by the Court of Learned Additional Civil Judge (Senior Division)/Additional Judicial Magistrate, Cou No. 5, Ghaziabad in Case No. 585 of 2019, 'Smt. Binu Sharma Dhirendra Kaushik and other Under Section 12, 18, 19, 20, 21, 22 23 of the Protection of Women From Domestic Violence Act."

6. Learned AGA as well as counsel for the opposite party no. 1 do not dispute the said fact. Learned counsel for opposite party no.1 submitted that the opposite party no.1 has voluntarily entered into the settlement and has no objection if the present criminal revision is allowed in terms of the said settlement agreement.

7. This Court is not unmindful of the following judgements of the Apex Court: i. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675, ii. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677, iii. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1, iv. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303, v. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. 7 CRLR No. 3834 of 2022

9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.

10. Accordingly, the impugned judgment and orders dated 27.8.2022 passed by the Special Judge (Gangster Act)/ Additional Sessions Judge, Court No.6, Ghaziabad in Criminal Appeal No.209 of 2019 (Shri Dhirendra Kaushik Vs. Smt. Binu Sharma and another) under Section 29 of the Protection of Women from Domestic Violence Act, 2005 and order dated 11.9.2019 passed by the Additional Civil Judge (Senior Division)/Additional Judicial Magistrate, Court No.5, Ghaziabad in Case No. 585 of 2019 Smt. Binu Sharma Vs. Dhirendra Kaushik and other) under Sections 12, 18, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005, Police Station Sahibabad, District Ghaziabad is, hereby, set aside.

11. This criminal revision is, accordingly, allowed. (Chawan Prakash,J.) October 16, 2025 Md Faisal MOHD FAISAL High Court of Judicature at Allahabad