MUKHTAR KHAN and ORS Vs. STATE OF CHATTISGARH and ANR
EmailAppeal: CRIMINAL APPEAL NO. 1280 OF 2015
Petitioner: MUKHTAR KHAN and ORS
Respondent: STATE OF CHATTISGARH and ANR
Judges: KURIAN JOSEPH , ARUN MISHRA
Date of Judgment: Sep 28, 2015
JUDGEMENT:
NON- CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1280 OF 2015 [@ SPECIAL LEAVE PETITION (CRL.) NO. 621 OF 2014]
MUKHTAR KHAN & ORS Petitioner(s)
VERSUS
STATE OF CHATTISGARH & ANR Respondent(s)
J U D G M E N T
Delay condoned. Leave granted. Heard the learned counsel appearing for both the sides. We find that during the pendency of the appeal before this Court, the husband and the wife have reached a settlement and the terms of settlement dated 24.04.2015 shall form part of this order. Since it is not in dispute that the terms of settlement have been acted upon and that the wife has received the amount in terms of the settlement, in the interests of justice, we find that the criminal proceedings between the parties are not to be pursued. Therefore, the following proceedings are quashed :- A. Case No. 219 of 2014 filed by the respondent-wife against the petitioner-husband under Section 125 Cr.P.C. pending before the Family Court, Raipur, Chhatisgarh. B. Case No. 1371 of 2013 filed under Domestic Violence Act filed by the respondent-wife against the petitioner-husband pending before the Magistrate Court at Raipur, Chhatisgarh. C. Appeal filed against the decree of divorce filed by the respondent- wife pending before Family Court, Hamirpur, Utter Pradesh. D. FIR No. 53 of 2012 dated 04.10.2012, Police Station Mahila Thana, Raipur and Case No. 188 of 2013 pending in the Raipur Court. In view of the above directions and the settlement arrived at between the parties, this appeal is disposed of. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ARUN MISHRA ]
New Delhi; September 28, 2015.
CRIMINAL APPEAL NO. 1280 OF 2015 [@ SPECIAL LEAVE PETITION (CRL.) NO. 621 OF 2014]
MUKHTAR KHAN & ORS Petitioner(s)
VERSUS
STATE OF CHATTISGARH & ANR Respondent(s)
J U D G M E N T
Delay condoned. Leave granted. Heard the learned counsel appearing for both the sides. We find that during the pendency of the appeal before this Court, the husband and the wife have reached a settlement and the terms of settlement dated 24.04.2015 shall form part of this order. Since it is not in dispute that the terms of settlement have been acted upon and that the wife has received the amount in terms of the settlement, in the interests of justice, we find that the criminal proceedings between the parties are not to be pursued. Therefore, the following proceedings are quashed :- A. Case No. 219 of 2014 filed by the respondent-wife against the petitioner-husband under Section 125 Cr.P.C. pending before the Family Court, Raipur, Chhatisgarh. B. Case No. 1371 of 2013 filed under Domestic Violence Act filed by the respondent-wife against the petitioner-husband pending before the Magistrate Court at Raipur, Chhatisgarh. C. Appeal filed against the decree of divorce filed by the respondent- wife pending before Family Court, Hamirpur, Utter Pradesh. D. FIR No. 53 of 2012 dated 04.10.2012, Police Station Mahila Thana, Raipur and Case No. 188 of 2013 pending in the Raipur Court. In view of the above directions and the settlement arrived at between the parties, this appeal is disposed of. …………………..J. [ KURIAN JOSEPH ]
…………………..J. [ ARUN MISHRA ]
New Delhi; September 28, 2015.
