Allahabad High Court
Vivek Mathur vs State Of U.P. And Another on 1 December, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 84
Case :- CRIMINAL REVISION No. - 1319 of 2022
Revisionist :- Vivek Mathur
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ram Prakash Dwivedi,Ajay Kumar Bashist Singh,Ram Kishore Pandey
Counsel for Opposite Party :- G.A.,Devesh Pandey,J.P. Pandey
with
Case :- APPLICATION U/S 482 No. - 29805 of 2021
Applicant :- Vivek Mathur And 3 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ram Prakash Dwivedi,Ajay Kumar Bashist Singh,Ram Kishore Pandey
Counsel for Opposite Party :- In Person,G.A.,Pooja Saxena (In Person)
with
Case :- CRIMINAL REVISION No. - 3872 of 2022
Revisionist :- Vivek Mathur
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Ram Prakash Dwivedi,Ajay Kumar Bashist Singh
Counsel for Opposite Party :- G.A.,Pooja Saxena (In Person)
Hon'ble Saurabh Shyam Shamshery,J.
Litigation in the above referred revisions/ application is arising out of matrimonial dispute between revisionist/ applicants and respondent no. 2/ opposite party no. 2 and as the parties were willing to settle their dispute, this Court passed following order on 03.11.2022, 04.11.2022 and 16.11.2022:-
03.11.2022
"Sri Vivek Mathur-revisionist and Dr. Pooja Saxena, opposite party no. 2 who are husband and wife are present in court and they fairly submits that despite being many litigations are pending between them, still there is slight hope that both can sit together, specially in the interest of their child, a boy of 13 years who is presently studying in 8th standard, staying with his mother and they want to sit together on a coffee table to exchange some pleasantry with expectation that their child may also join them, in order to move forward to settle their dispute amicably.
Considering the aforesaid fair statements of the parties, let this case be posted tomorrow i.e. 04.11.2022 at 2.00 p.m.
Counsel for the revisionist Sri Ram Prakash Dwivedi, ensures the Court that meeting will take place in a family atmosphere."
04.11.2022
"This Court has passed following order on 03.11.2022 :-
"Sri Vivek Mathur-revisionist and Dr. Pooja Saxena, opposite party no. 2 who are husband and wife are present in court and they fairly submits that despite being many litigations are pending between them, still there is slight hope that both can sit together, specially in the interest of their child, a boy of 13 years who is presently studying in 8th standard, staying with his mother and they want to sit together on a coffee table to exchange some pleasantry with expectation that their child may also join them, in order to move forward to settle their dispute amicably.
Considering the aforesaid fair statements of the parties, let this case be posted tomorrow i.e. 04.11.2022 at 2.00 p.m.
Counsel for the revisionist Sri Ram Prakash Dwivedi, ensures the Court that meeting will take place in a family atmosphere. "
Sri Vivek Mathur, revisionist in person and Ms. Pooja Saxena, opposite party No.2 in person are present before this Court and happily submits that they have move forwarded some steps to reconcile their disputes and they need some further time to reach to some mutual agreement.
Considering the above prayer, list this case on 16.11.2022 at 2.00 PM.
The Court appreciates efforts made by Sri Ram Kishore Pandey, learned counsel for revisionist and parties to litigation also. "
16.11.2022
"1. It is informed that parties are at the verge of mutual agreement.
2. List on 01st December, 2022 at 2.00 PM.
3. On the next date of hearing both parties shall remain present in Court. "
Today, parties are present in person through their respective Advocates.
Counsel for the parties submits that they have filed a joint compromise affidavit on 30.11.2022 before this Court stating that they have settled their dispute on mutual consent and they will start their married life again along with their children and also the number of cases pending between them will be withdrawn by way of filing a compromise affidavit before the respective Court/ Forum.
In order to verify the contents, I personally asked the parties whether they have settled their dispute amicably, they jointly said yes.
The Court appreciates endeavour taken by their respective Advocates, namely, Rahul Kishore Pandey, Ajay Kumar and J.P. Pandey as well as endeavour taken by the parties to settle their number of disputes.
Considering the above submissions and material available on record as well as taking note of the judgment passed by the Hon'ble Supreme Court in the case of State of Madhya Pradesh vs. Laxmi Narayan and Others (2019) 5 SCC 688 as the dispute in the above referred revisions and application are arising out of matrimonial dispute, the proceedings hereby are quashed and details of the cases are as follows:-
"1. Case No. 139/2016, Under Section 125 (3) Cr.P.C. (CNR:- UPAG02-002350-2016) (Pooja Saxena vs. Vivek Mathur) pending in Family Court No. 3, Agra, U.P.
2. Case No. 20/2017, under Section 340 Cr.P.C. (CNR:- UPAG02-000359-2017) (Pooja Saxena vs. Vivek Mathur) pending in Family Court No. 3, Agar, U.P.
3. Execution Case No. 3/2021 (CNR:- UPAG02-002985-2017) (Pooja Saxena vs. Vivek Mathur) pending in Family Court No. 3, Agra, U.P."
The Court wishes both the parties i.e. husband and wife a very happy married life .
Accordingly, the above noted revisions and application are disposed of.
Order Date :- 1.12.2022
Aditya
