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HIGH COURT OF UTTARAKHAND
SYED MOHD. HALEEM ALIAS SUBHAN – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
C482 2459 / 2023
SL. No
Date
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures
COURT’S OR JUDGES’S ORDERS
1 0 .0 5 .2 0 2 5
1 C- 528 No. 348 of 2024 Wit h C482 No. 2459 of 2023 Sr i A sh i sh N a i t h a n i , J. . 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 , and 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 ou
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