Allahabad High Court
Vibhas Chandra vs Smt. Ratna Rani Sinha on 17 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:166737
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 4868 of 2024
Vibhas Chandra
.....Revisionist(s)
Versus
Smt. Ratna Rani Sinha
.....Opposite Party(s)
Counsel for Revisionist(s)
:
Samarth Krishna, Sandeep Saxena
Counsel for Opposite Party(s)
:
Ajay Kumar Srivastava, Sandeep Kumar
Court No. - 91
HON'BLE MADAN PAL SINGH, J.
1. Supplementary affidavit filed on behalf of the revisionist in the Court today is taken on record.
2. Heard Mr. Samarth Krishna, learned counsel for the revisionist, Mr. Sandeep Kumar, learned counsel for opposite party no.2 and learned A.G.A. for the State as well as perused the entire material available on record.
3. This criminal revision under Section 397/401 Cr.P.C. has been filed with a prayer to set aside the judgment and order dated 2nd April, 2024 passed by the Principal Judge, Family Court, Ghazipur in Criminal Case No. 691 of 2023 (CNR No. 02001651/2023) (Smt. Ratna Raani Sinha & Others Vs. Vibhas Chandra) under Section 125 Cr.P.C., whereby the trial court while allowing the interim stay application filed in instant application under Section 125 Cr.P.C. by opposite party nos. 1 to 3, has directed the revisionist to pay Rs.20,000/- per month to opposite party no.1 (wife) and Rs. 5,000/- per month each to opposite party nos. 2 and 3 (sons) towards interim maintenance allowance from the date of order along with Rs. 20,000/- one time payment towards legal expenses to opposite party no.1.
4. Today on the matter being taken up, learned counsel for the revisionist submits that pursuant to the order dated 3rd April, 2025 passed by a Co-ordinate Bench of this Court in Application U/S 528 BNSS No. 7753 of 2025 (Vibhas Chandra Vs. State of U.P. & Another), since the dispute between the revisionist (applicant in that application) and opposite party no.1, who are husband and wife respectively, is matrimonial in nature, the matter was referred to the High Court Mediation and Conciliation Centre, where initially interim settlement agreement had been arrived between the parties vide report of the Mediation and Conciliation Centre dated 15th May, 2025. Whereafter both the parties lived together at a same house. Since both the parties settled their dispute amicably before the the Mediation and Conciliation Centre at High Court of Judicature at Allahabad and a final settlement agreement have entered into between the parties on 11th September, 2025. Copies of the order of the Coordinate Bench dated 3rd April, 2025, interim settlement agreement dated 15th May, 2025 and final agreement settlement dated 11th September, 2025 have been enclosed along with the supplementary affidavit filed in the Court today.
5. For ready reference, the relevant paragraph no.7 of the final settlement agreement is quoted as under:
?7. In view of the Interim Settlement-Agreement dated 15.05.2025, the following Settlement-Agreement has been arrived amicably at between the Parties hereto:-
a. That the interim settlement dated 15.05.2025 was entered into between the parties which shall form a part of this final Settlement and both shall be read in consonance with each other except with the modification herein mentioned.
b. That the Applicant-Vibhas Chandra and O. P. No.2-Smt. Ratna Rani Sinha have agreed to resolve their dispute and live together as husband and wife in a cordial atmosphere in MIG 13, Kalindipuram, Gayasddinpur uphar, P.O.-Dhoomanganj, District- Prayagraj. The Parties have admitted that even during the continuation of dispute and litigation they have been living together at aforesaid address while applicant is serving in Chitrakoot visited his aforementioned home in the weekends and holiday except for the aforementioned duration when the parties were living separately.
c. That as per clause 7 (b) of the Interim Settlement dated 15.05.2025, parties have agreed that in view of the increasing inflation and education of children, the Applicant has agreed to pay a sum of Rs.22,000/- (Rs. Twenty Two Thousand Only) per month starting from 1st October, 2025 instead of Rs.15,000/- as agreed between the parties in the interim settlement dated 15.05.2025.
d. That it is accepted by the Applicant that he will pay all the household, electricity bills and fees, uniform, books of children and medical expenses of wife and children and will also pay the other incidental expenses which may occur from time to time.
e. That it has been agreed between the parties that they shall not litigate in the present matter in any manner whatsoever against the each other.
f. That it has also been agreed between the parties that the applicant shall perform all his duties as a husband and father in the family and likewise the O. P. No.2 also assures to maintain cordiality in the family and treat the husband with respect and children with affection. Both agree that they shall contribute their own efforts for good upbringing of both their children.
g. That both the parties have also agreed to perform their obligations so required under the matrimonial life with proper love and affection towards each other.
h. That the husband and wife undertake that they shall not take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities.
i. That it has been agreed between the parties that they will live together as husband and wife on the basis of settlement/agreement and work towards an everlasting reunionn.
j. That the O. P. No.2 had filed a petition under Section 125 Cr.P.C., in Family Court, Ghazipur numbered as Case No. 691/2023 in which final order order was passed on 02.04.2024, which is under challenged by the applicant in a Criminal Revision No. 4868 of 2024 (Vibhas Chandra Vs. Smt. Ratna Rani Sinha and Others) before this Hon'ble Court. Parties agree that they shall pray this Hon'ble Court to quash the proceedings of maintenance case initiated by the O. P. No.2 under Section 125 Cr.P.C. (Case No. 691/2023 dated 02.04.2024) challenged in Criminal Revision NO. 4868 of 2024 (Vibhent Chandra Vs. Smt. Ratna Rani Sinha and others) in terms of the Settlement-Agreement entered into between the parties.
k. That it has also been agreed between the parties that O. P. No.2 had initiated execution proceedings arising out of Case No. 691/2023 dated 02.04.2025 in Execution Case No. 820 of 2024 before the Family Court, Ghazipur shall not be proceeded any further by O. P. No.2 and it has be immediately withdrawn/set-aside or got quashed in terms of this Settlement-Agreement. In case of non-compliance of this Settlement-Agreement by the Applicant, O. P. No.2 shall have a right to file a recall application in execution case.
l. That it has been agreed between the parties that the charge sheet no.1/2018 dated 11.10.2018 and the summoning order dated 12.02.2019 arising out of Case Crime No.48 of 2018, under Sections 498-A, 323, 504, 506 IPC, Police Station Mahila Thana, District Prayagraj giving rise to the Application U/S 528 BNSS No. 7753 of 2025 shall be prayed to be quashed before the Hon'ble Court after six months from today so that the conduct of Applicant may be assessed.
m. That both the parties agree that after entering into the instant Settlement-Agreement, the parties hereinafter have no dispute with each other and undertake not to institute any other litigation with respect to the present matter.
n. That it has been further agreed between the parties all the cases (civil and criminal) pending between them or their family members in any Sub-ordinate Court regarding the present matrimonial disputes shall be withdrawn by the parties concerned by taking appropriate steps in view of this Settlement-Agreement.?
6. In view of the above Settlement Agreement, learned counsel for the revisionist with reference to the statement of both the parties recorded in settlement agreement that by signing this Agreement the Parties hereto state that they have no further claim against each other with respect to Application U/S 528 BNSS No. 7753 of 2025 (Vibhas Chandra Vs. State of U.P. & Another) and also Criminal Revision No. 4868 of 2024 (Vibhas Chandra Vs. Smt. Ratna Rani Sinha and Others) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation, the entire proceedings of the aforesaid criminal case be may be quashed by this Court.
7. This Court is not unmindful of the following judgements of the Apex Court:
1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC 675,
2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC 677,
3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
8. In the aforesaid judgments, the Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.
9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by the counsel for the parties, the court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.
10. Accordingly, the impugned judgment and order dated 2nd April, 2024 passed by the Principal Judge, Family Court, Ghazipur in Criminal Case No. 691 of 2023 (CNR No. 02001651/2023) (Smt. Ratna Raani Sinha & Others Vs. Vibhas Chandra) under Section 125 Cr.P.C., is, hereby, quashed.
11. This criminal revision is, accordingly, allowed.
12. There shall be no order as to costs.
(Madan Pal Singh,J.)
September 17, 2025
Sushil/-
