Allahabad High Court
Vikram Singh Gaur vs State Of U.P. Thru. Addl. Chief Secy. ... on 5 June, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:34693
Court No. - 13
Case :- CRIMINAL REVISION No. - 396 of 2024
Revisionist :- Vikram Singh Gaur
Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another
Counsel for Revisionist :- Jay Prakash Singh,Rajesh Pandey
Counsel for Opposite Party :- G.A.,Manoj Kumar Yadav
Hon'ble Manish Mathur,J.
1. Heard learned counsel for revisionist and learned A.G.A. for opposite party No.1-State and Smt. Pratibha Parmar, informant in person.
2. Criminal Revision has been filed under Section 19(4) of the Family Courts Act, 1984 against judgment and order order dated 20th October, 2022 passed by Civil Judge (J.D.)/F.T.C. (crime against women) Lucknow in the proceedings arising out of section 12 of the Domestic Violence Act in case No. D.V. Act/5803003/2013, Smt. Pratibha Parma versus Vikram Singh Gaur and another.
3. Earlier on 9th April, 2024 following following order had been passed by this Court:-
"Order on Application No.IA/1/2023
This is an application for condonation of delay in filing the revision petition.
Heard learned counsel for the revisionist and learned A.G.A. for the State as well as learned counsel for respondent No.2.
At the outset, learned counsel for the respondent No.2 submits that he does not wish to file any objection on the application for condonation of delay. He has no objection if the delay in filing the revision is condoned.
Perused the record so also the affidavit filed in support of the application for condonation of delay.
On due consideration to the submissions advanced, perusal of the record and the affidavit filed in support of the delay condonation application, the delay appears to have been sufficiently explained.
Application for condonation of delay is allowed.
Order on petition
Heard learned counsel for the revisionist and learned A.G.A. for the State as well as learned counsel for respondent No.2.
Learned counsel for the revisionist submits that dispute between the revisionist and opposite party no. 2 who is wife of revisionist, is purely matrimonial in nature and in all likelihood it can be settled through mediation if it is referred to the Mediation and Conciliation Centre of this Court.
Learned counsel for opposite party no. 2 submits that total outstanding amount against the revisionist is Rs.3,60,000/-. He submits that in case revisionist deposits 25% of the amount, respondent No.2 is ready to cooperate in the mediation.
Per contra, learned counsel for the revisionist submits that he will deposit a sum of Rs.90,000/- before this Court within fifteen days from today and additional Rs.5,000/- before the Mediation and Conciliation Centre of this Court.
Opposite party no. 2 as well as revisionist is directed to appear before the Mediation and Conciliation Centre of this Court on 24.04.2024.
Mediation and Conciliation Centre of this Court shall submit its report before this Court within three months thereafter.
List on 02.08.2024.
Till the next date of listing, further proceedings of Case No.D.V. Act/5803003/2013 "Smt. Pratibha Parmar Vs. Vikram Singh Gaur and anr." pending before the court of Civil Judge (J.D.)/F.T.C. (Crime against Women), Lucknow, shall remain stayed.
It is made clear that in case the amount as directed by this Court is not deposited within two weeks from today, the protection provided through this order shall stand vacated automatically."
4. In pursuance thereof, report from Mediation and Conciliation Centre dated 2nd July, 2024 has been filed indicating a settlement having been arrived at between revisionist and the opposite party No.2 entered into on Ist July, 2024. A copy of the settlement agreement has been annexed with the report. As per which parties have arrived at an amicable settlement whereby they have agreed to dissolve their marriage by mutual consent and would appear before the family court and make earnest efforts to obtain a decree of divorce in terms of settlement. The revisionist has also agreed to pay a total sum of Rs. 6.5 lacs towards one time full and final settlement for all her claims including temporary/permanent alimony. It also indicates the revisionist has deposited a sum of Rs. 90,000/- before this Court vide demand draft No.86844 and does not have any objection in case the same an amount is released in favour of opposite party No.2. It is also agreed that the balance amount of Rs. 5.6 lacs would be paid by the revisionist to opposite party No.2 in two installments through demand draft drawn in her favour with first installment of Rs. 3.25 lacs being paid on 7th July, 2024 and second installment of Rs. 2.35 lacs at the time of second motion of the joint petition filed under section 13-B of Hindu Marriage Act before Family Court, Lucknow. The details of various other cases between the parties have also been indicated in paragraph No.6-G of the agreement with parties resolving to withdraw/not press/not to pursue the said cases against each other and their family members.
5. The opposite party No.2 appearing in person admits the aforesaid settlement which has been arrived at between the parties.
6. In view thereof, the judgment and order dated 20th October, 2022 is disposed of in terms of settlement arrived at between the parties which shall form part of the decree.
7. The opposite party No.2 is granted liberty to withdraw Rs. 90,000/- which has been deposited by revisionist before this Court which shall be released forthwith upon making of such an appropriate application.
Order Date :- 5.6.2025
prabhat
