Kuldeep Kumar v. State of U.P. & Others) was filed before Allahabad High Court, Lucknow

1. Heard Sri O.P. Tiwari, learned counsel for the revisionist, learned AGA on behalf of the State-respondent and Sri Gulam Mustafa, Advocate, who has filed Vakalatnama on behalf of opposite party no.2 which is taken on record.

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 24.05.2024, between Kuldeep Kumar S/O Uma Shanker Resident of Thakur Khera Palhari Police Station Purwa District Unnao Present Address House No. 19/45 Type-III, 2nd Floor Panki Power House Kanpur (First Party) and Smt. Dipika Singh D/O Gyanendra Kumar Singh, W/O Kuldeep Singh, R/O House No. 326, Shahganj, Near State Bank Of India, Police Station- Kotwali, District- Unnao (Second Party). WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Criminal Revision No.1372 of 2023 (Kuldeep Kumar Vs State of U.P. & Others) was filed before Allahabad High Court, Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 15.12.2023 passed by Hon'ble Mr. Justice Rajeev Singh.

3. The parties agreed that Mrs. Bulbul Godiyal, Senior Advocate and Jaiswal, Mr. Mediators/Conciliators. Advocate would act Amit

4. Several meetings were held during the process of 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 Kuldeep Kumar (First Party/husband) and Smt Dipika Singh (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a joint petition for divorce with mutual consent bearing R. S. No. 647 of 2023 dated 21.05.2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Unnao. B. That 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. C. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.45,46,000/- (Forty Five Lacs Forty Six Thousand only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their daughter namely Mahaq @ Vaishnavi, who was born out of the wedlock of both the parties in addition to the amount released in favour of Second Party in compliance of Hon'ble Court's order dated 28.10.2023 passed in APPLICATION U/s 482 No.9776 of 2023 (Kuldeep Kumar Vs State of U.P. & Others). D. That both the parties have agreed that the aforesaid amount Rs.45,46,000/-(Forty Five Lacs Forty Six Thousand only) would be paid to the Second Party/wife in two installments. The first installment of Rs.30,00,000/- (Thirty Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow and the second installment of Rs 15,46,000/- (Rupees Fifteen Lacs Fourty Six Thousand) will be paid by the First Party/husband to the Second Party/wife at the time of second motion of the joint petition for divorce bearing R S. No. 647 of 2023 dated 21.05.2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Unnao in the shape of Demand Drafts to be prepared in such a manner that an amount of Rs. 10,46,000/- (Ten Lacs Fourty Six Thousand only) be paid to the Second Party/wife-Dipika Singh and the balance amount Rs.5,00,000/- (Five Lacs only) be paid to their daughter Mahaq @ Vaishnavi. E. That, according to the clause 6 (D.), the First Party has handed over four Demand Draft to the Second Party today i.e.24.05.2024 (date of entering into settlement agreement) which is acknowledges by her. The details of the Demand Drafts are mentioned hereunder: i. D.D. No. 013886 dated 09.04.2024 in the name of Dipika Singh amounting to Rs. 5,00,000/-(Five Lacs only) draw on BANK OF INDIA, Branch-Purwa. ii. D.D. No. 013885 dated 09.04.2024 in the name of Dipika Singh amounting to Rx.5,00,000/-(Five Lacs only) draw on BANK OF INDIA, Branch-Purwa. iii. D.D. No. 243400 dated 10.05.2024 in the name of Dipika Singh amounting to Rs. 15,00,000/-(Fifteen Lacs only) draw on State Bank of India, Branch-Parichha. iv. D.D. No.243423 dated 03.04.2024 in the name of Dipika Singh amounting to Rs.5,00,000/-(Five Lacs only) draw on State Bank of India, Branch-Parichha F. That the First Party has returned the jewellery items/articles/gifts etc. to the Second Party which were given by the Second Party to the First Party and his family members and relatives at the time of their marriage and the parties have agreed that they shall not claim any article/item/gift/jewellery etc from each other in future. G. That the parties have agreed that the custody of their daughter Mahaq @ Vaishnavi would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses to be incurred towards bringing up of Mahaq @ Vaishnavi viz, education, daily needs, marriage etc.. H. That the First Party has agreed that he shall not claim the custody of Mahaq @ Vaishnavi in future. I. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the Criminal Revision No.1372 of 2023 (Kuldeep Kumar Vs State of U.P. & Others) arising out of Case No. 662 of 2017 titled as "Dipika and another Versus Kuldeep Kumar" under Section 125 Cr.P.C., Police Station- Kotwali, District- Unnao in terms of this settlement agreement. J. 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) Misc. Case No. 2073 of 2017, under Section 23 of Domestic Violence Act, 2005 Civil Judge (J.D.) Fast Track Court, Offence against Women, Unnao. (b) Criminal Misc. Case No. 662 of 2017 titled as "Dipika and another Versus Kuldeep Kumar" under Section 125 Cr.P.C. Police Station- Kotwali, District- Unnao filed before Principal Judge, Family Court, Unnao. (c) R. S. No. 1054 of 2020 U/S 13 of Hindu Marriage Act, 1955 filed before Principal Judge, Family Court, Unnao. (d) Case No. 3946 of 2019 U/S 498-A, 323, 504, 506 IPC and Section 3/4 D. P. Act, P.S.-Lovali Unnao pending before A.C.J.M.-IV, Unnao. K. In addition to above mentioned case, if any other case(s) is pending between the parties, both shall not have any objection if the case(s) is disposed of by the Hon'ble Court in ns of this Settlement Agreement L. 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 dental thereto. M. that both 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. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that 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 and the Second Party shall be at liberty to reopen her case(s) 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 APPLICATION U/s 482 No.9776 of 2023 (Kuldeep Kumar Vs State of U.P. & Others) 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 24.05.2024 shall remain part of this order. [Alok Mathur,J.] Order Date :- 11.4.2025 KR RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri O.P. Tiwari, learned counsel for the revisionist, learned AGA on behalf of the State-respondent and Sri Gulam Mustafa, Advocate, who has filed Vakalatnama on behalf of opposite party no.2 which is taken on record.

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 24.05.2024, between Kuldeep Kumar S/O Uma Shanker Resident of Thakur Khera Palhari Police Station Purwa District Unnao Present Address House No. 19/45 Type-III, 2nd Floor Panki Power House Kanpur (First Party) and Smt. Dipika Singh D/O Gyanendra Kumar Singh, W/O Kuldeep Singh, R/O House No. 326, Shahganj, Near State Bank Of India, Police Station- Kotwali, District- Unnao (Second Party). WHEREAS

1. Disputes and differences had arisen between the Parties hereto and Criminal Revision No.1372 of 2023 (Kuldeep Kumar Vs State of U.P. & Others) was filed before Allahabad High Court, Lucknow.

2. The matter was referred to Mediation/Conciliation vide an order dated 15.12.2023 passed by Hon'ble Mr. Justice Rajeev Singh.

3. The parties agreed that Mrs. Bulbul Godiyal, Senior Advocate and Jaiswal, Mr. Mediators/Conciliators. Advocate would act Amit

4. Several meetings were held during the process of 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 Kuldeep Kumar (First Party/husband) and Smt Dipika Singh (Second Party/wife) have mutually agreed to dissolve their marriage and to live separately in future and for the purpose of dissolution of their marriage the parties have already filed a joint petition for divorce with mutual consent bearing R. S. No. 647 of 2023 dated 21.05.2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Unnao. B. That 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. C. That the First Party has agreed to pay to the Second Party and the Second Party has agreed to receive from the First Party a total sum of Rs.45,46,000/- (Forty Five Lacs Forty Six Thousand only) towards one time full and final settlement of all the claims against First Party including the claim for temporary/permanent alimony and expenses for maintenance & welfare of their daughter namely Mahaq @ Vaishnavi, who was born out of the wedlock of both the parties in addition to the amount released in favour of Second Party in compliance of Hon'ble Court's order dated 28.10.2023 passed in APPLICATION U/s 482 No.9776 of 2023 (Kuldeep Kumar Vs State of U.P. & Others). D. That both the parties have agreed that the aforesaid amount Rs.45,46,000/-(Forty Five Lacs Forty Six Thousand only) would be paid to the Second Party/wife in two installments. The first installment of Rs.30,00,000/- (Thirty Lacs only) will be paid by the First Party/husband to the Second Party/wife on the date of entering into settlement agreement before the Mediation and Conciliation Centre, Allahabad High Court, Lucknow and the second installment of Rs 15,46,000/- (Rupees Fifteen Lacs Fourty Six Thousand) will be paid by the First Party/husband to the Second Party/wife at the time of second motion of the joint petition for divorce bearing R S. No. 647 of 2023 dated 21.05.2024 U/S 13-B Hindu Marriage Act, 1955 before Principal Judge, Family Court, Unnao in the shape of Demand Drafts to be prepared in such a manner that an amount of Rs. 10,46,000/- (Ten Lacs Fourty Six Thousand only) be paid to the Second Party/wife-Dipika Singh and the balance amount Rs.5,00,000/- (Five Lacs only) be paid to their daughter Mahaq @ Vaishnavi. E. That, according to the clause 6 (D.), the First Party has handed over four Demand Draft to the Second Party today i.e.24.05.2024 (date of entering into settlement agreement) which is acknowledges by her. The details of the Demand Drafts are mentioned hereunder: i. D.D. No. 013886 dated 09.04.2024 in the name of Dipika Singh amounting to Rs. 5,00,000/-(Five Lacs only) draw on BANK OF INDIA, Branch-Purwa. ii. D.D. No. 013885 dated 09.04.2024 in the name of Dipika Singh amounting to Rx.5,00,000/-(Five Lacs only) draw on BANK OF INDIA, Branch-Purwa. iii. D.D. No. 243400 dated 10.05.2024 in the name of Dipika Singh amounting to Rs. 15,00,000/-(Fifteen Lacs only) draw on State Bank of India, Branch-Parichha. iv. D.D. No.243423 dated 03.04.2024 in the name of Dipika Singh amounting to Rs.5,00,000/-(Five Lacs only) draw on State Bank of India, Branch-Parichha F. That the First Party has returned the jewellery items/articles/gifts etc. to the Second Party which were given by the Second Party to the First Party and his family members and relatives at the time of their marriage and the parties have agreed that they shall not claim any article/item/gift/jewellery etc from each other in future. G. That the parties have agreed that the custody of their daughter Mahaq @ Vaishnavi would remain with the Second Party and it would be the responsibility of the Second Party to bear all the expenses to be incurred towards bringing up of Mahaq @ Vaishnavi viz, education, daily needs, marriage etc.. H. That the First Party has agreed that he shall not claim the custody of Mahaq @ Vaishnavi in future. I. That the Second Party has agreed that she shall not have any objection if the Hon'ble Court decides the Criminal Revision No.1372 of 2023 (Kuldeep Kumar Vs State of U.P. & Others) arising out of Case No. 662 of 2017 titled as "Dipika and another Versus Kuldeep Kumar" under Section 125 Cr.P.C., Police Station- Kotwali, District- Unnao in terms of this settlement agreement. J. 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) Misc. Case No. 2073 of 2017, under Section 23 of Domestic Violence Act, 2005 Civil Judge (J.D.) Fast Track Court, Offence against Women, Unnao. (b) Criminal Misc. Case No. 662 of 2017 titled as "Dipika and another Versus Kuldeep Kumar" under Section 125 Cr.P.C. Police Station- Kotwali, District- Unnao filed before Principal Judge, Family Court, Unnao. (c) R. S. No. 1054 of 2020 U/S 13 of Hindu Marriage Act, 1955 filed before Principal Judge, Family Court, Unnao. (d) Case No. 3946 of 2019 U/S 498-A, 323, 504, 506 IPC and Section 3/4 D. P. Act, P.S.-Lovali Unnao pending before A.C.J.M.-IV, Unnao. K. In addition to above mentioned case, if any other case(s) is pending between the parties, both shall not have any objection if the case(s) is disposed of by the Hon'ble Court in ns of this Settlement Agreement L. 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 dental thereto. M. that both 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. The Second Party has agreed that in case she fails to cooperate in the divorce proceedings, she shall be bound to return to the First Party the entire money received by her from the First Party along with interest @ 9% p.a. with effect from the date of receipt of the amount/installment(s) and till the date of its actual payment to the First Party. The First Party has agreed that 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 and the Second Party shall be at liberty to reopen her case(s) 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 APPLICATION U/s 482 No.9776 of 2023 (Kuldeep Kumar Vs State of U.P. & Others) 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 24.05.2024 shall remain part of this order. [Alok Mathur,J.] Order Date :- 11.4.2025 KR RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench