High Court · 2025

1. Heard Sri Manish Kumar Gupta, holding brief of Sri Shishir Pradhan, learned counsel for the revisionist as well as Sri Vinay Mishra, learned counsel on behalf of opposite party no.2.

2. It has been jointly submitted by learned counsel for both the parties that during the mediation proceedings, a settlement has been arrived at between the parties which has been enclosed along with the report of the mediator. The settlement Agreement reads as under:- "This SETTLEMENT AGREEMENT entered into on 27.01.2025, between Deepchandra Deepu S/O Dayaram R/O Village Mohammadpur, Post Office-Vishnupur, Police Station-Dewa, Dist.-Barabanki (First Party) and Smt. Ramvati D/O Kishun Dayal, R/O Village Jamalpur, Post Office-Maharajnagar Biswan, Police Station-Manpur, Distt.- Sitapur (Second Party). WHEREAS

1. Matrimonial disputes and differences had arisen between the Parties hereto and CRIMINAL REVISION No.696 of 2021 (Deepchandra @ Deepu Vs. State of U. P. & Another) was filed before Allahabad High Court, Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 21.09.2024 passed by Hon'ble Mr. Justice Abdul Moin.

3. The parties agreed that Mrs. Amita Singh Upadhyay, Advocate and Mr. Jagdish Prasad Maurya, Mediators/Conciliators. Advocate would act Several meetings were held during the process of 4. Conciliation/Mediation and the parties, with the assistance of the Mediators/ Conciliators, have voluntarily arrived at an amicable solution resolving all their dispute 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 Mediators/Conciliators and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.

6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Deepchandra @ Deepu (husband) and Smt. Ramvati (wife) have mutually agreed to dissolve their marriage and live separately in future and for the purpose of dissolution of their marriage the parties have filed a joint petition for divorce bearing R. S. No. 447 of 2024 U/S 13-B of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Sitapur. 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/husband has agreed to pay to the Second Party/wife and the Second Party has agreed to accept a total sum of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) towards one time full and final settlement of all the claims of the Second Party including temporary/permanent alimony against the First Party. Accordingly the First Party has handed over a Demand Draft No.165164 dated 03.01.2025 amounting to Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) drawn on State Bank of India to the Second Party today i.e. 27.01.2025. The Second Party acknowledges receipt of the said Demand Draft. C. That the parties have agreed to withdraw/ not to pursue the cases filed against each other and their family members. The details of the cases are as under: (I) Case No. 1899 of 2019 U/S 125 Cr. P. C. pending before Family Court. Sitapur. (II) Complaint Case NO.2434 of 2019 U/Ss 498A, 323, 504, 506 I.P.C. and Section 3/4 D. P. Act pending before Additional Civil Judge (Jr. Div.)- II, Sitapur. (III) Complaint Case NO.2435 of 2019 U/S 12 D. V. Act pending before Judicial Magistrate, Court No.29, Sitapur. (IV) Complaint Case No. 4 of 2020 U/S 352, 323, 506 1.P. C. pending before ACJM, Court No.17. Barabanki. (V) Complaint Case No.1403 of 2021 U/S 323, 504, 506 1.P. C. pending before ACJM. Court No.17, Barabanki. D. That both the parties have agreed that they have no objection if the CRIMINAL REVISION No.696 of 2021 (Deepchandra @ Deepu Vs. State of U. P. & Another) is decided by the Hon'ble Court in terms of this settlement agreement. E. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed of in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members. F. 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. G. That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings and in disposal of pending cases filed by her against the First Party and his family members, she shall 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 from the First Party and till the date of its actual payment to the First Party. H. That the First Party has agreed 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 to the First Party and the Second Party will be at liberty to reopen all her cases decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum.

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 CRIMINAL REVISION No.696 of 2021 (Deepchandra @ Deepu Vs. State of P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

3. The criminal revision is disposed of in terms of the settlement agreement arrived at between the parties. The settlement agreement dated 27.01.2025 shall remain part of this order. [Alok Mathur,J.] Order Date :- 3.4.2025 KR RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Manish Kumar Gupta, holding brief of Sri Shishir Pradhan, learned counsel for the revisionist as well as Sri Vinay Mishra, learned counsel on behalf of opposite party no.2.

2. It has been jointly submitted by learned counsel for both the parties that during the mediation proceedings, a settlement has been arrived at between the parties which has been enclosed along with the report of the mediator. The settlement Agreement reads as under:- "This SETTLEMENT AGREEMENT entered into on 27.01.2025, between Deepchandra Deepu S/O Dayaram R/O Village Mohammadpur, Post Office-Vishnupur, Police Station-Dewa, Dist.-Barabanki (First Party) and Smt. Ramvati D/O Kishun Dayal, R/O Village Jamalpur, Post Office-Maharajnagar Biswan, Police Station-Manpur, Distt.- Sitapur (Second Party). WHEREAS

1. Matrimonial disputes and differences had arisen between the Parties hereto and CRIMINAL REVISION No.696 of 2021 (Deepchandra @ Deepu Vs. State of U. P. & Another) was filed before Allahabad High Court, Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 21.09.2024 passed by Hon'ble Mr. Justice Abdul Moin.

3. The parties agreed that Mrs. Amita Singh Upadhyay, Advocate and Mr. Jagdish Prasad Maurya, Mediators/Conciliators. Advocate would act Several meetings were held during the process of 4. Conciliation/Mediation and the parties, with the assistance of the Mediators/ Conciliators, have voluntarily arrived at an amicable solution resolving all their dispute 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 Mediators/Conciliators and there is no coercion or undue influence on either of the parties of any kind whatsoever in arriving at this settlement agreement.

6. The following settlement has been arrived at between the Parties hereto:- A. That both the parties namely Deepchandra @ Deepu (husband) and Smt. Ramvati (wife) have mutually agreed to dissolve their marriage and live separately in future and for the purpose of dissolution of their marriage the parties have filed a joint petition for divorce bearing R. S. No. 447 of 2024 U/S 13-B of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Sitapur. 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/husband has agreed to pay to the Second Party/wife and the Second Party has agreed to accept a total sum of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) towards one time full and final settlement of all the claims of the Second Party including temporary/permanent alimony against the First Party. Accordingly the First Party has handed over a Demand Draft No.165164 dated 03.01.2025 amounting to Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) drawn on State Bank of India to the Second Party today i.e. 27.01.2025. The Second Party acknowledges receipt of the said Demand Draft. C. That the parties have agreed to withdraw/ not to pursue the cases filed against each other and their family members. The details of the cases are as under: (I) Case No. 1899 of 2019 U/S 125 Cr. P. C. pending before Family Court. Sitapur. (II) Complaint Case NO.2434 of 2019 U/Ss 498A, 323, 504, 506 I.P.C. and Section 3/4 D. P. Act pending before Additional Civil Judge (Jr. Div.)- II, Sitapur. (III) Complaint Case NO.2435 of 2019 U/S 12 D. V. Act pending before Judicial Magistrate, Court No.29, Sitapur. (IV) Complaint Case No. 4 of 2020 U/S 352, 323, 506 1.P. C. pending before ACJM, Court No.17. Barabanki. (V) Complaint Case No.1403 of 2021 U/S 323, 504, 506 1.P. C. pending before ACJM. Court No.17, Barabanki. D. That both the parties have agreed that they have no objection if the CRIMINAL REVISION No.696 of 2021 (Deepchandra @ Deepu Vs. State of U. P. & Another) is decided by the Hon'ble Court in terms of this settlement agreement. E. That the parties have agreed that in addition to the abovementioned cases, if any other case is pending between the parties and/or any of their family members, it shall also be disposed of in terms of this settlement agreement and both the parties agree to co-operate to end all the litigation between the parties and their family members. F. 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. G. That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings and in disposal of pending cases filed by her against the First Party and his family members, she shall 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 from the First Party and till the date of its actual payment to the First Party. H. That the First Party has agreed 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 to the First Party and the Second Party will be at liberty to reopen all her cases decided by the Hon'ble Court in terms of this Settlement Agreement by moving an appropriate application before competent Court/Forum.

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 CRIMINAL REVISION No.696 of 2021 (Deepchandra @ Deepu Vs. State of P. & Another) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation."

3. The criminal revision is disposed of in terms of the settlement agreement arrived at between the parties. The settlement agreement dated 27.01.2025 shall remain part of this order. [Alok Mathur,J.] Order Date :- 3.4.2025 KR RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench