Allahabad High Court
Mo. Imaran vs State Of U.P. Thru. Prin. Secy. Home ... on 1 September, 2025
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:51938
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL REVISION No. - 825 of 2024
Mo. Imaran
.....Revisionist(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others
.....Opposite Party(s)
Counsel for Revisionist(s)
:
Shailendra Kumar Tiwari
Counsel for Opposite Party(s)
:
G.A., Anil Kumar Yadav, Nilesh Kumar Rao
HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the revisionists, learned AGA for the State of U.P. and gone through the record.
The present revision has been filed by the revisionists for the following main relief(s):-
"(i) Allow the present revision and set aside the impugned judgment and order dated 18.04.2024 passed by The court of Additional Principal Judge First, Family Court, Barabanki, in Criminal Misc. Case No. 815 of 2021 (Nagma Bano and another Vs. Mo. Imaran) under Section 125 of Code of Criminal Procedure, 1973 passed erroneously in favour of Respondent No. 3 whereby the revisionist has been directed to pay a sum of Rs. 4,000/- per month to opposite party no.3 till the majority, from the date of application, on each and 10th of every month;"
It appears that on the basis of the submissions made by the learned counsel for the revisionists, this Court vide its order dated 23.08.2024 referred the matter to Mediation Centre of this Court so as to carve out possibility of amicable settlement of dispute between the parties.
It also appears that in compliance of order of this Court dated 16.12.2024, a SETTLEMENT AGREEMENT has been entered into between the parties on 14.02.2025 thereby indicating that the parties were present and they have admitted that they have entered into an agreement voluntarily.
The relevant contents of the SETTLEMENT AGREEMENT are extracted hereunder:-
"6. The following settlement has been arrived at between the Parties hereto:
A) That the parties have decided to live together alongwith their daughter with utmost respect, love and affection towards each other.
B) That the First Party has agreed to give a separate room for living to the Second Party in his house/his parent's house.
C) That both the parties have agreed to discharge their matrimonial obligations/duties happily and peacefully without any kind of misbehaviour or harassment to each other and each other's family members.
D) That the parties have agreed that they shall be allowed to visit their parents with mutual consent and understanding.
E) That the parties have agreed to give due respect to all the family members and relatives of each other.
F) That the parties have also agreed that no family member of either of the parties will be allowed to interfere in their peaceful living.
G) That both the parties have agreed they shall not indulge in mental or physical cruelty against each other.
H) That the First Party has agreed to pay the balance amount of Rs. 1,02,000/- (Rupees One Lac Two Thousand only) to the Second Party, which is due to the Second Party (Mariya) in compliance of order dated 18.04.2024 passed Learned Family Court, Barabanki in Criminal Case No.815 of 2021 U/S 125 Cr. P. C., in equal installment of Rs.3,000/- (Three Thousand only) per month till the payment of full amount of Rs. 1,02,000/- (Rupees One Lac Two Thousand only) to the Second Party-wife. The amount of Rs.3,000/- (Three Thousand only) shall be paid by the First Party to the Second Party latest by 10th day of every month in the joint bank account of the Second Party Nagma Bano and Mariya having account no.034510310002199, Aryavart Bank, Shahabpur, Barabanki.
I) That the First Party has agreed that he will bear all the financial responsibilities of the Second Party/wife and their daughter in future.
J) That the Second Party has agreed to withdraw/not pursue the cases filed against the First Party and his family members. The details of the cases are mentioned hereunder.
(I) Case Crime No. 140 of 2021 U/S 498A, 323, IPC and Section 3/4 of D. P. Act, P. S.-Masauli, District-Barabanki pending in the Court of ACJM, Court No. 16, Barabanki.
(II) Criminal Case No.815 of 2021 U/S 125 of Cr. P. C. filed before Family Court, Barabanki.
K) That the parties have agreed that they shall not have any objection if the Hon'ble Court decides the aforesaid cases and also CRIMINAL REVISION No.825 of 2024 (Mo. Imaran Vs State of U.P. & Others) in terms of this Settlement Agreement.
L) The parties have agreed that apart from above mentioned case, if any other criminal/civil case(s) is pending between the parties or their family members with regard to the present dispute, both the parties shall get the same disposed off in terms of this Settlement Agreement.
M) 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 present dispute.
N) That both the parties agree that they shall be bound by the terms and conditions of this Settlement in strict sense. In case of any default, the party committing default shall be liable for playing fraud with the Court, hence for contempt of the Court. That the First Party has agreed in case he fails to follow the conditions stipulated herein above, the Second Party will be at liberty to reopen the cases which would stand disposed of in terms of this settlement agreement."
Considering the aforesaid as also the submissions made by learned counsel for the parties, the instant revision is disposed of in terms of the compromise entered into between the parties, which shall form part of this order and the impugned order dated 18.04.2024 is also set-aside in terms of compromise.
(Saurabh Lavania,J.)
September 1, 2025
Arun/-
