Neutral Citation No. - 2025:AHC-LKO:18480 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1567 of 2023 Applicant :- Himanshu Tiwari Opposite Party :- Abhishek Khare, Addl. Chief Judicial Magistrate (Iv), Lko. Counsel for Applicant :- In Person Hon'ble Rajeev Singh,J. 1. Heard applicant in person. 2. The present contempt application is filed with a prayer that respondent be summoned and punished for non compliance of order dated 13.5.2022 passed by Appellate Court of Additional District & Sessions Judge IX, Lucknow in Criminal Appeal No.243/2018 under Section 341 Cr.P.C. 3. Applicant present in person submits that application under Section 340 Cr.P.C. read with Section 195 Cr.P.C. was filed before the Additional Chief Judicial Magistrate, Court No.28, Lucknow in Criminal Case No.3897 of 2017 (Himanshu Tiwari Vs. Mitali Tiwari), in which, order was passed on 18.8.2018, which was challenged in Criminal Appeal No.243 of 2018 and the said appeal was allowed by Additional District and Sessions Judge, Lucknow vide order dated 13.5.2022 by setting aside order dated 18.8.2018 with a direction to the court below to decide the same afresh in terms of the legal pronouncement as well as observations. He further submits that respondent rejected the application again vide order dated 20.4.2023 in the most mechanical manner without considering the observations made by the appellate court, thereafter, the aforesaid order was again challenged before the appellate court in the Appeal No.115/2023, which was pending before the Sessions Court Lucknow, in the meantime, issue was resolved in between the parties by way of settlement agreement. He further submits that the respondent presiding officer committed gross violation of the observations and directions issued by the appellate court vide order dated 13.5.2022, therefore, respondent officer be summoned and punished accordingly. 4. Considering the submissions of learned counsel for the parties, going through the contents of the pleading, order dated 18.8.2018 passed by the Additional Chief Judicial Magistrate, Lucknow in relation to Criminal Case No.3897/2017, the Criminal Appeal No.243/2018 was preferred, which was allowed on 13.5.2022 and the matter was remanded back with the direction to the lower court to pass fresh order in accordance with the law, thereafter, learned Additional Chief Judicial Magistrate, Lucknow passed the order dated 20.4.2023 but during the pendency of the aforesaid criminal appeal, the issue was resolved in between the parties by way of settlement agreement, therefore, this Court is of the view that no contempt is made out, accordingly, the present contempt application is dismissed. Order Date :- 1.4.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench