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2025 DAILYLAW 159888 (ALL)

ARJUN KUMAR BALMIKI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLRD/388/2024 · 2025-09-19

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 388 of 2024 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Taking note of the facts stated in the affidavit filed in support the application (C.M. application No. 3 of 2024) seeking condonation of delay as also that there is no opposition by the side-opposite, the application is allowed. 2. Delay in filing the instant revision is hereby condoned. 3. Heard learned counsel for the parties. 4. Instant revision has been filed challenging the order dated 11.10.2023 passed by learned Additional Principal Judge, Family Court No.2, Gonda in Criminal Case No. 1610 of 2022 in re: Smt. Chandi Vs. Arjun Balmiki, in exercise of power under Section 125 Cr.P.C. 5. Considering the facts of the case also the submissions made by the learned counsel for the parties including the dispute between the parties which is matrimonial in nature, this Court vide order dated 17.10.2024 referred the matter to the Mediation and Conciliation Centre of this Court, for amicable settlement between the parties. 6. In compliance of order of this Court dated 17.10.2024, the Mediation and Conciliation Centre of this Court alongwith settlement agreement dated 18.08.2025 has submitted its report, which is on record, wherein it has been mentioned that the parties were present and they have admitted that they have entered into an agreement voluntarily and their signatures have been verified by their respective counsels. 7. The relevant para of settlement agreement 18.08.2025 is extracted herein-under: "F. That the parties have agreed to withdraw/ not pursue the cases filed by them against each other and their family members and they shall have no objection if the Hon'ble Court decides the cases in terms of this settlement agreement. The details of the cases are as under: (1) Criminal Case No. 1610 of 2022 (Chandni Vs Arjun Balmiki) U/S 125 Cr. P. C. filed in the Court of Principal Judge, Family Court, Lucknow. (II) FIR 0728/2023, PS- Kotwali, Dist. Gonda U/s 3/4 DP Act and 504,506,323,498(A)IPC. Versus Counsel for Revisionist(s) : Amitabh Banerjee, Beebhu Banerjee Counsel for Opposite Party(s) : G.A., Kunwar Bahadur Singh Arjun Kumar Balmiki .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) (III) Case No.199/2022 (Arjun Vs Chandni) filed before Principal Judge, Family Court, Bahraich. (IV) Case No.1489/2023 (Chandni Balmiki Vs Arjun Balmiki) U/s 125(3) Cr. P. C. pending before Principal Judge Family Court, Gonda." 8. Considering the aforesaid as also the submissions made by learned Counsel for the parties as also the report of the Mediation and Conciliation Centre of this Court, this Court is of the view that the revision under consideration is liable to be allowed. Accordingly, revision is allowed. Consequently, the impugned order dated 11.10.2023 passed in Criminal Case No. 1610 of 2022, detailed above, is hereby quashed in terms of settlement agreement. Office/Registry is directed to send the copy of this order to the Family Court. September 19, 2025 Mohit Singh/- CRLRD No. 388 of 2024 2 (Saurabh Lavania,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench