Smt. Ishrat Naaz v. Mohd. Shamshad and others) by which the

Judgment

1. Heard learned counsel for the applicants, learned AGA for the State of U.P. as well as learned counsel for the opposite party No.2 and perused the record. The present application under Section 482 Cr.P.C. has been filed for

2. the following main relief (s) :-

"1. Order to set aside the order dated 19-06-2023 passed by the Learned Additional Chief Judicial Magistrate I, Court No. 25, Lucknow in complaint case no. 25615/2023 (Smt. Ishrat Naaz vs. Mohd. Shamshad and others) by which the applicants have been summoned under section 406 I.P.C. and quash the entire proceeding initiated in the pursuance of the case no. 25615/2023 under section 406 I.P.C. contained in the Annexure No.1 to this Application and pass appropriate order to the court concerned.

2. Order to stay the further proceedings of Complaint Case no. 25615/2023 (Smt. Ishrat Naaz vs. Mohd. Shamshad and others) pending before the Learned Additional Chief Judicial Magistrate I, Court No. 25, Lucknow."

3. It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 08.04.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.

4. It also appears that in compliance of order of this Court dated

08.04.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 18.09.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. 2 The relevant contents of the SETTLEMENT AGREEMENT are

5. extracted hereunder:-

6. The following settlement has been arrived at between the Parties hereto: A. That the First Party No.I and the Second Party had agreed to live separately in future and for the purpose of dissolution of their marriage they have signed a 'Khulanama' on 10.09.2024 issued by Darul Qaza Farangi Mahal, Office at Darul Uloom Nizamiya Farangi Mahal, Idgah, Aishbagh, Lucknow-4. B. That the First Party had agreed to pay to the Second Party and the Second Party agreed to receive from the First Party a total sum of Rs.4,00,000/- (Rupees Four Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony. C. That the First Party has handed over two Manager's Cheque to the Second Party today i.e. on 18.09.2024 towards aforesaid payment of Rs.4,00,000/- (Rupees Four Lacs only). The details of the Demand Drafts are mentioned hereunder: (i) Manager's Cheque No.031139 dated 27.08.2024 amounting to Rs.2,00,000/- (Rupees Two Lacs only) drawn on HDFC Bank in the name of Ishrat Naaz (ii) Manager's Cheque No.031180 dated 18.09.2024 amounting to Rs.2,00,000/- (Rupees Two Lacs only) drawn on HDFC Bank in the name of Ishrat Naaz. D. 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.3109 of 2024 (Mohd. Shamshad & Others Vs State of U. P. & Another) in terms of this settlement agreement. E. 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: (a) Case No.6685 of 2022 U/S 12 D. V. Act, pending before ACJM-II, Lucknow. (b) Case No.25615 of 2023 U/Ss 406 IPC pending before ACJM-II, Lucknow, (c) Complaint Case No. 5371 of 2023 U/Ss 420, 406, 323, 504, 506 IPC pending before ACJM-II, Lucknow. (d) Case No.67544 of 2023 arising out of Case Crime No.233 of 2022 U/S 498A, 323, 504, 506, 354 IPC and Section 3/4 D. P. Act, pending before ACJM-IV, Lucknow. (e) Case No.91 of 2023 for Restitution of Conjugal Rights pending before Family Court, Lucknow. 3 F. 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 case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. G. 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. H. That 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.

7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.3109 of 2024 (Mohd. Shamshad & Others Vs State * of U. P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

6. 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 4 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.

7. Accordingly, present application is allowed. Consequently, the entire proceedings of Complaint Case No.25615/2023 (Smt. Ishrat Naaz vs. Mohd. Shamshad and others), under section 406 I.P.C., Police Station Qaserbagh, District Lucknow, pending before the Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow, quoted above, are hereby quashed qua the applicants, in terms of settlement. Office/Registry is directed to send the copy of this order to the

8. court concerned through email/fax for necessary compliance. Order Date :- 12.8.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

"1. Order to set aside the order dated 19-06-2023 passed by the Learned Additional Chief Judicial Magistrate I, Court No. 25, Lucknow in complaint case no. 25615/2023 (Smt. Ishrat Naaz vs. Mohd. Shamshad and others) by which the applicants have been summoned under section 406 I.P.C. and quash the entire proceeding initiated in the pursuance of the case no. 25615/2023 under section 406 I.P.C. contained in the Annexure No.1 to this Application and pass appropriate order to the court concerned.

2. Order to stay the further proceedings of Complaint Case no. 25615/2023 (Smt. Ishrat Naaz vs. Mohd. Shamshad and others) pending before the Learned Additional Chief Judicial Magistrate I, Court No. 25, Lucknow."

3. It appears that on the basis of the submissions made by the learned counsel for the applicants, this Court vide its order dated 08.04.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.

4. It also appears that in compliance of order of this Court dated

08.04.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 18.09.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily. 2 The relevant contents of the SETTLEMENT AGREEMENT are

5. extracted hereunder:-

6. The following settlement has been arrived at between the Parties hereto: A. That the First Party No.I and the Second Party had agreed to live separately in future and for the purpose of dissolution of their marriage they have signed a 'Khulanama' on 10.09.2024 issued by Darul Qaza Farangi Mahal, Office at Darul Uloom Nizamiya Farangi Mahal, Idgah, Aishbagh, Lucknow-4. B. That the First Party had agreed to pay to the Second Party and the Second Party agreed to receive from the First Party a total sum of Rs.4,00,000/- (Rupees Four Lacs only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony. C. That the First Party has handed over two Manager's Cheque to the Second Party today i.e. on 18.09.2024 towards aforesaid payment of Rs.4,00,000/- (Rupees Four Lacs only). The details of the Demand Drafts are mentioned hereunder: (i) Manager's Cheque No.031139 dated 27.08.2024 amounting to Rs.2,00,000/- (Rupees Two Lacs only) drawn on HDFC Bank in the name of Ishrat Naaz (ii) Manager's Cheque No.031180 dated 18.09.2024 amounting to Rs.2,00,000/- (Rupees Two Lacs only) drawn on HDFC Bank in the name of Ishrat Naaz. D. 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.3109 of 2024 (Mohd. Shamshad & Others Vs State of U. P. & Another) in terms of this settlement agreement. E. 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: (a) Case No.6685 of 2022 U/S 12 D. V. Act, pending before ACJM-II, Lucknow. (b) Case No.25615 of 2023 U/Ss 406 IPC pending before ACJM-II, Lucknow, (c) Complaint Case No. 5371 of 2023 U/Ss 420, 406, 323, 504, 506 IPC pending before ACJM-II, Lucknow. (d) Case No.67544 of 2023 arising out of Case Crime No.233 of 2022 U/S 498A, 323, 504, 506, 354 IPC and Section 3/4 D. P. Act, pending before ACJM-IV, Lucknow. (e) Case No.91 of 2023 for Restitution of Conjugal Rights pending before Family Court, Lucknow. 3 F. 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 case(s) is disposed of by the Hon'ble Court in terms of this Settlement Agreement. G. 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. H. That 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.

7. By Signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to the matter involved in APPLICATION U/s 482 No.3109 of 2024 (Mohd. Shamshad & Others Vs State * of U. P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

6. 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 4 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.

7. Accordingly, present application is allowed. Consequently, the entire proceedings of Complaint Case No.25615/2023 (Smt. Ishrat Naaz vs. Mohd. Shamshad and others), under section 406 I.P.C., Police Station Qaserbagh, District Lucknow, pending before the Additional Chief Judicial Magistrate-I, Court No. 25, Lucknow, quoted above, are hereby quashed qua the applicants, in terms of settlement. Office/Registry is directed to send the copy of this order to the

8. court concerned through email/fax for necessary compliance. Order Date :- 12.8.2025 ML/- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench