Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and vs Madhavarao Jiwajirao Scindia Vs.

Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicant for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be please to quash the impugned summoning order dated 11.10.2022 passed by the Additional Chief Judicial Magistrate, Court Room No: 27, Lucknow in the Case Crime No: 0159/2021, Under Section 323, 504 and 506 IPC, Police Station Sushant Golf City, District Lucknow and further be pleased to quash the charge sheet dated 19.06.2021 filed in the aforesaid case crime, in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 29.02.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 29.02.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 13.11.2024 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The mediation report dated 13.11.2024 is annexed as Annexure No.' 'Y to this application. The relevant portion of the mediation report dated 13.11.2024 is extracted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Sunil Kumar @ Sunil (First Party/husband) and Smt. Jyoti (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future. For the purpose of dissolution of their marriage, the parties have filed a joint petition bearing R. S. No. 3894 of 2024 for divorce with mutual consent on 08.11.2024 before Principal Judge, Family Court, Lucknow 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/-(Rupees Twenty Two Lacs only) towards one time full and final settlement of all the claims of the Second Party against First Party including the claim for temporary/permanent alimony. C. That out of aforesaid amount of Rs. 22,00,000/-(Rupees Twenty Two Lacs only), the First Party has already paid a sum of Rs.4,00,000/- (Rupees Four Lacs) to the Second Party vide a Demand Draft No.839769 dated 27.08.2024, in favour of Jyoti, drawn on Punjab National Bank, Sadar Bazar, Lucknow. The Second Party acknowledges receipt of payment of Rs. 4,00,000/-((Rupees Four Lacs). D. That the parties have agreed that the balance amount of Rs. 18,00,000/-(Rupees Eighteen Lacs only) would be paid to the Second Party/wife in two installments of equal amount of Rs. 9,00,000/- (Rupees Nine Lacs only) through Demand Drafts to be drawn in favour of Jyoti and Kanak (daughter) respectively The first installment of Rs 9,00,000/- (Rupees Nine Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs 9,00,000/- (Rupees Nine Lacs only) will be paid by the First Party/husband to the Second Party/wife through Demand Draft to be drawn in the name of Kanak (daughter) at the time of second motion of the joint petition filed Under Section 13-B. Hindu Marriage Act, 1955 before Family Court, Lucknow i. e, on 9 December, 2024. E. That the First Party has handed over a Demand Draft bearing No.839992 dated 22.10.2024 amounting to Rs 9,00,000/- (Rupees Nine Lacs only) drawn on Punjab National Bank, Branch Sadar Bazar, Lucknow to the to the Second Party today ic 13.11.2024 towards payment of aforesaid first installment. The First Party acknowledges receipt of the said Demand Draft. F. That the parties have agreed to withdraw/not to pursue the cases filed against each other. The details of the cases are mentioned hereinunder: (I) Criminal Case No.2104 of 2023 U/S 125 Cr. P. C. pending before Family Court, Lucknow. (II) Case No.2937 of 2022 U/S 12 of D. V. Act pending before Additional Chief Judicial Magistrate-VII, Lucknow. (III) Case No.94957 of 2022 arising out of Case Crime No.0198 of 2021 U/S 323, 504, 506 1.P.C. pending before Chief Judicial Magistrate, Lucknow, (IV) Complaint Case No.38036 of 2024 (Jyoti Vs. Sunil) P. S. Nigohan, Lucknow pending before Chief Judicial Magistrate, Lucknow, G. That the Second Party has agreed that she has no objection if the APPLICATION U/s 482 No. 1089 of 2024 (Sunil Kumar @ Sunil & Others Vs State of U.P. & Another) is decided in terms of this settlement agreement. H. In addition to above mentioned cases, if any other case(s) is pending between the parties, both the parties shall not have any objection if the said case(s) is also disposed of by the Hon'ble Court in terms of this Settlement Agreement. I. 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. J. 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 amount received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. 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." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.0159 of 2021, quoted above, are hereby quashed qua the applicant. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 12.2.2025/(Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned AGA for the State of U.P. and gone through the record. The present application has been filed by the applicant for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be please to quash the impugned summoning order dated 11.10.2022 passed by the Additional Chief Judicial Magistrate, Court Room No: 27, Lucknow in the Case Crime No: 0159/2021, Under Section 323, 504 and 506 IPC, Police Station Sushant Golf City, District Lucknow and further be pleased to quash the charge sheet dated 19.06.2021 filed in the aforesaid case crime, in the interest of justice." It appears that on the basis of the submissions made by the learned counsel for the applicant, this Court vide its order dated 29.02.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties. It also appears that in compliance of order of this Court dated 29.02.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 13.11.2024 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. The mediation report dated 13.11.2024 is annexed as Annexure No.' 'Y to this application. The relevant portion of the mediation report dated 13.11.2024 is extracted hereinunder: "6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Sunil Kumar @ Sunil (First Party/husband) and Smt. Jyoti (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future. For the purpose of dissolution of their marriage, the parties have filed a joint petition bearing R. S. No. 3894 of 2024 for divorce with mutual consent on 08.11.2024 before Principal Judge, Family Court, Lucknow 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/-(Rupees Twenty Two Lacs only) towards one time full and final settlement of all the claims of the Second Party against First Party including the claim for temporary/permanent alimony. C. That out of aforesaid amount of Rs. 22,00,000/-(Rupees Twenty Two Lacs only), the First Party has already paid a sum of Rs.4,00,000/- (Rupees Four Lacs) to the Second Party vide a Demand Draft No.839769 dated 27.08.2024, in favour of Jyoti, drawn on Punjab National Bank, Sadar Bazar, Lucknow. The Second Party acknowledges receipt of payment of Rs. 4,00,000/-((Rupees Four Lacs). D. That the parties have agreed that the balance amount of Rs. 18,00,000/-(Rupees Eighteen Lacs only) would be paid to the Second Party/wife in two installments of equal amount of Rs. 9,00,000/- (Rupees Nine Lacs only) through Demand Drafts to be drawn in favour of Jyoti and Kanak (daughter) respectively The first installment of Rs 9,00,000/- (Rupees Nine Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before Mediation and Conciliation Centre, Allahabad High Court, Lucknow. The second installment of Rs 9,00,000/- (Rupees Nine Lacs only) will be paid by the First Party/husband to the Second Party/wife through Demand Draft to be drawn in the name of Kanak (daughter) at the time of second motion of the joint petition filed Under Section 13-B. Hindu Marriage Act, 1955 before Family Court, Lucknow i. e, on 9 December, 2024. E. That the First Party has handed over a Demand Draft bearing No.839992 dated 22.10.2024 amounting to Rs 9,00,000/- (Rupees Nine Lacs only) drawn on Punjab National Bank, Branch Sadar Bazar, Lucknow to the to the Second Party today ic 13.11.2024 towards payment of aforesaid first installment. The First Party acknowledges receipt of the said Demand Draft. F. That the parties have agreed to withdraw/not to pursue the cases filed against each other. The details of the cases are mentioned hereinunder: (I) Criminal Case No.2104 of 2023 U/S 125 Cr. P. C. pending before Family Court, Lucknow. (II) Case No.2937 of 2022 U/S 12 of D. V. Act pending before Additional Chief Judicial Magistrate-VII, Lucknow. (III) Case No.94957 of 2022 arising out of Case Crime No.0198 of 2021 U/S 323, 504, 506 1.P.C. pending before Chief Judicial Magistrate, Lucknow, (IV) Complaint Case No.38036 of 2024 (Jyoti Vs. Sunil) P. S. Nigohan, Lucknow pending before Chief Judicial Magistrate, Lucknow, G. That the Second Party has agreed that she has no objection if the APPLICATION U/s 482 No. 1089 of 2024 (Sunil Kumar @ Sunil & Others Vs State of U.P. & Another) is decided in terms of this settlement agreement. H. In addition to above mentioned cases, if any other case(s) is pending between the parties, both the parties shall not have any objection if the said case(s) is also disposed of by the Hon'ble Court in terms of this Settlement Agreement. I. 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. J. 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 amount received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. 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." Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the observations made by Apex Court in the case of State of Karnataka Vs. L. Muniswamy and Others, 1977 (2) SCC 699; State of Haryana Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335; Prashant Bharti Vs. State (NCT of Delhi), (2013) 9 SCC 293; Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330; Ahmad Ali Quraishi and Ors. Vs. State of Uttar Pradesh and Ors. (2020) 13 SCC 435, according to which inherent power under Section 482 Cr.P.C. (akin to Section 528 BNSS, 2023) could be exercised to prevent abuse of process of any Court or otherwise to secure ends of justice, as also the observations made by Apex Court in the case of Ramgopal and others Vs. State of Madhya Pradesh, (2022) 14 SCC 531, Gian Singh Vs. State of Punjab [2012 10 SCC 303], Mohd. Ibrahim Vs. State of U.P., 2022 SCC Online ALL 106, Gold Quest International Ltd. Vs. State of Tamilnadu, 2014 (15) SCC 235, B.S. Joshi Vs. State of Haryana, 2003 (4) SCC 675, Jitendra Raghuvanshi Vs. Babita Raghuvanshi, 2013(4) SCC 58, Madhavarao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, 1988 1 SCC 692, Nikhil Merchant Vs. C.B.I. and another, 2008(9) SCC 677, Manoj Sharma Vs. State and others, 2008(16) SCC 1, State of M.P. Vs. Laxmi Narayan and others, 2019(5) SCC 688, Narindra Singh and others Vs. State of Punjab and another, (2014) 6 SCC 466, Manoj Kumar and others Vs. State of U.P and others (2008) 8 SCC 781, Union Carbide Corporation and others Vs. Union of India and others (1991) 4 SCC 584, Manohar Lal Sharma Vs. Principal Secretary and others (2014) 2 SCC 532 and Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409, according to which, in given facts, based upon the settlements between the parties the criminal proceedings can be quashed, as also the nature of dispute/crime, this Court is of the view that the present application is liable to be allowed as chances of ultimate conviction are extremely bleak and hence no useful purpose would be served by allowing the criminal proceedings to continue. Accordingly, present application is allowed. Consequently, the entire proceedings arising out of Case Crime No.0159 of 2021, quoted above, are hereby quashed qua the applicant. Office/Registry is directed to send the copy of this order to the court concerned through email/fax for necessary compliance. Order Date :- 12.2.2025/(Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench