Allahabad High Court
Vivek Singh vs State Of U.P. And Another on 19 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:141083
Court No. - 91
Case :- CRIMINAL REVISION No. - 3492 of 2024
Revisionist :- Vivek Singh
Opposite Party :- State of U.P. and Another
Counsel for Revisionist :- Amit Kumar Srivastava
Counsel for Opposite Party :- Dheeraj Kumar Singh,G.A.
Hon'ble Madan Pal Singh,J.
1. Heard Mr. Amit Kumar Srivastava, learned counsel for the revisionist, Mr. Satya Nand Tripathi, Advocate holding brief of Mr. Dheeraj Kumar Singh, learned counsel for opposite party no.2 and the learned A.G.A. for the State.
2. The instant criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist with a prayer to quash the impugned order dated 22nd May, 2024 passed by the Additional Sessions Judge, Court No. 9, Ghaziabad in Criminal Appeal No. 146 of 2023 (Vivek Singh vs. Smt. Taniya Chaudhary & Another) and also against the order dated 26th July, 2023 passed by the Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad in Complaint Case No. 912 of 2022 (Taniya Chaudhary Vs. Vivek Singh & Others), under Section of Protection of Women from Domestic Violence Act, 2005, Police Station-Sihani Gate, District-Ghaziabad.
3. When the instant criminal revision, for quashing of the impugned orders, was filed before this Court, on 14th November, 2024, a Coordinate Bench of this Court had been informed that the parties have already been relegated for amicable settlement of their dispute before the Allahabad High Court Mediation and Conciliation Centre, Allahabad vide order dated 8th November, 2024 passed in First Appeal No. 1016 of 2024 (Vivek Singh Vs. Smt. Taniya Chaudhary).
4. Today, when the matter being taken up, Mr. Amit Srivastava, learned counsel for the revisionist states that on 9th May, 2025, settlement/agreement was entered into between the revisionist and opposite party no.2. He further submits that on the basis of the said settlement/agreement, the first appeal filed by the revisionist has been allowed by the first appellate court vide judgment and order dated 2nd May, 2025. A photo stat copy of the settlement/agreement dated 9th May, 2025 has been placed before this Court, which is taken on record. In paragraph-8 of the settlement/agreement dated 9th May, 2025, it has been stated as follows:-
"8. In view of the Interim Settlement dated 28.03.2025, the following Settlement has been arrived at between the Parties hereto:-
a. That the interim settlement dated 28.03.2025 was entered into between the parties which shall form a part of this Settlement and both shall be read in consonance with each other.
b. That the parties have mutually decided to live separately and part their ways. The Appellant-Vivek Singh undertakes not to contest the divorce decree in Original Suit No. 1053 of 2022 without taking into consideration, the contentions raised by the parties in the case, the parties agreed for the present settlement agreement.
c. That it has been agreed between the parties that in full and final settlement of all financial claims of Smt. Taniya Chaudhary (Respondent-wife) that may accrue against Vivek Singh (Appellant-husband), the Respondent-wife shall be paid one time permanent alimony including Stridhan to the tune of Rs.5,00,000/- (Rs. Five Lakh Only) by Vivek Singh (Appellant-husband). After receiving this amount, the respondent-wife (Smt. Taniya Chaudhary) shall not stake any financial claim of any nature under any circumstances whatsoever and shall not be entitled to claim in the property of the Appellant (Vivek Singh). The aforesaid amount shall be paid through demand drafts drawn in her favour.
d. That on 28.03.2025, Vivek Singh (Appellant-husband) has produced a demand draft bearing no. 010481 dated 25.03.2025 drawn on Standard Chartered Bank for Rs.1,50,000/- (Rs. One Hundred and Fifty Thousand Only) issued in favour of Tania Chaudhary (respondent), which was kept on record and the same has been handed over to the Respondent-wife (Smt. Taniya Chaudhary) today i.e. 09.05.2025 and she has acknowledged the receipt of the same.
e. That as agreed in paragraph 8 (d) of the Interim Settlement dated 28.03.2025, today i.e. 09.05.2025, the Appellant-husband (Vivek Singh) has produced another demand draft bearing no. 010521 dated 08.05.2025 drawn on Standard Chartered Bank for Rs.3,50,000/- (Rs. Three Chaudhary (respondent), which is being handed over to the Respondent-wife (Smt. Taniya Chaudhary) today and she has acknowledged the receipt of the same.
f. That in view of paragraph 8 (e) of the Interim Settlement dated 28.03.2025, the parties have moved withdrawal application in the cases filed by them against each other or family member and shall produce the certified copies of the same before the Hon'ble Court at the time of hearing of this instant case. The details of the cases are tabled below:-
i. Complaint Case No. 744 of 2023 (Vivek Singh vs. Tana Chaudhary), under Section 340 Cr.P.C., pending before the family Court, Ghaziabad.
ii. Complaint Case No. 389 of 2024 (Vivek Singh vs. Tania Chaudhary), under Section 340 Cr.P.C., pending before the Learned A.C.J.M. Court No.3, Ghaziabad.
iii. Complaint Case No. 326 of 2022 (Tania Chaudhary vs. Vivek Singh and Others), under Section 12 of D.V. Act, pending before Court of Additional Chief Judicial Magistrate-3, Chaziabad.
iv. Case No. 844 of 2022 (Tania Chaudhary vs. Vivek Singh), under Section 125 Cr.P.C., pending before the Family Court, Ghaziabad.
g. That the parties agree that in case any other litigation or proceedings had been initiated against each other or their family Members which is not tabled above, shall also be withdrawn, set-aside or got quashed in terms of this Settlement. Parties also agree that where party initiating the litigation does not withdraw the same; the Opposite Party shall have a right to file an application in terms of this Settlement annexing the copy thereof for setting-aside, quashing or withdrawal informing the Hon'ble Court that Settlement has been arrived between the parties and that case cannot proceed further. The parties or their family members initiating the litigation shall have no right to oppose the said application because of their inaction.
h. That both the parties have finally agreed that in pursuance to the present Settlement they will not file any fresh cases against each other or their family members in respect of this matrimonial dispute.
i. That the present Settlement may be made a part of the judgment and decree in the present case."
5. In view of the above, since the parties have already entered into final settlement agreement, no further orders are required to be passed in the present case.
6. The present criminal revision is, accordingly, disposed of.
(Madan Pal Singh, J.)
Order Date :- 19.8.2025
Sushil/-
