ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : DEVENDRA KUMAR UPADHYAYA AND RAJNISH KUMAR, JJ.
NAJMUL HASAN AND OTHERS ....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition (M/B) No. 5727 of 2018, decided on 9th May, 2018)
Result; Petition Allowed.
Hon’ble Rajnish Kumar, J.—The instant writ petition has been filed by the petitioners challenging the First Information Report dated 14.9.2017, vide Case Crime No. 0404 of 2017, under Sections 498-A, 323, 377, 506 of Indian Penal Code 1860 and Section ¾ of Dowry Prohibition Act, 1961 at Police Station Saadatganj, District Lucknow, lodged by Smt.Anjum Rizvi - opposite party No. 3.
2. The petitioner No. 1 Sri Najmul Hasan is the father-in-law of respondent No. 3 (Smt.Anjum Rizvi), petitioner No. 2-Sri Zeeshan Haider is the husband of respondent No. 3 and the petitioner No. 3 Shri Guddu is the Devar of opposite party No. 3.
3. The marriage between the petitioner No. 2 and the opposite party No. 3 was solemnized on 10.5.2016 according to Muslim rituals. It appears that there was some marital discord and bickering soon after the marriage was solemnized. As a consequence thereof the impugned First Information Report was lodged by the opposite party No. 3 against the petitioners.
4. This Court with the consent of the parties i.e. the petitioner No. 2 and the opposite party No. 3, who are husband and wife and were present before the Court, referred the matter to the Mediation and Conciliation Center of this Court vide order dated 8.3.2018. By the said order Ms.Shamim Jahan was also appointed as Amicus to assist the Court on behalf of respondent No. 3.
5. It seems that with the sincere efforts of the mediator, the parties have settled their dispute in the Mediation and Conciliation Center and with the consensus of the parties a settlement agreement has also been signed by the petitioner No. 2, the opposite party No. 3, their counsels and the mediator.
6. A report of mediator with settlement agreement was received on 8.5.2018. The terms of settlement arrived at between the parties as set out in the settlement agreement are extracted hereinafter :
“WHEREAS
1. Disputes and differences had arisen between the Parties here to and Criminal Misc. Writ Petition No. 5727 of 2018 (MB) Sri Najmul Hasan and others v. State of U.P. and others, was filed in Lucknow Bench of Hon’ble High Court.
2. The matter was referred to mediation/conciliation vide an order dated 8.3.2018 passed by Hon’ble Mr.Justice Devendra Kumar Upadhyay & Hon’ble Mr.Justice Dinesh Kumar Singh.
3. The parties agreed that Mr.R.K.Verma, Advocate, High Court, Lucknow would act as their Mediator/Conciliator.
4. Several meetings were held during the process of Conciliation/Mediation and the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this Settlement Agreement in the presence of the Mediator/Conciliator.
6. The following settlement has been arrived at between the parties hereto :
A. That the first party, Husband Sri Zeeshan Haider and second party, Wife Smt. Anjum Rizvi have agreed to live together happily in future and husband will not harass/torture the wife.
B. That First party, husband will look after the wife and provide her clothings etc. as per her needs.
C. That the husband will maintain their daughter Baby Fariha (13 months) and make efforts to get her educated.
D. That both the parties will withdraw the pending cases against each other which are as under—
1. Case Crime No. 0404/2017, 154 Cr.P.C. under Sections 498-A, 323, 506, 377 and ¾ D.P.Act filed in the Police Station-Saadatganj, district-Lucknow.
In addition to above mentioned case all other cases shall be withdrawn by either of the parties.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Criminal Misc. Writ Petition No. 5727 of 2018 (MB) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Mediation/Conciliation.
Lucknow.RY/-
Dated:7.5.2018"
7
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