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2025 DAILYLAW 181435 (ALL)

ANKUR VAID v. STATE OF U.P. and ORS.

/7156/2019 · 2025-11-28

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7156 of 2019 Court No. - 23 HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the applicant, learned A.G.A as well as learned counsel for the respondent no.3. 2. Vide order dated 3.2.2020, the parties were directed to appear before the Mediation and Conciliation Centre of this Court for the purpose of mediation. 3. From perusal of mediation report dated 17.10.2022, it transpires that the mediation has got successful/completed with an agreement which is enclosed with the mediation report. Both the parties i.e. petitioner Ankur Vaid and respondent no.3 Supreet Kaur were present before the Mediation and Conciliation in the presence of their counsels namely Upendra Kumar Awasthi, Advocate and Rudranshu Kumar, Advocate. 4. The settlement agreement arrived at between both the parties dated 17.10.2022 reads as under :- "A) That both the parties have agreed to live separately and for the purpose of dissolution of their marriage, they have filed a Suit No. 3271/22 U/S 13-B of Hindu Marriage Act, before the Principal Judge, Family Court, Lucknow on 15.09.2022 with mutual consent. B) That by wedlock of the parties a son namely Ojas Singh was born on 12.11.2016 and he is in custody of Second Party and it has been agreed between the parties that the custody of the child shall remain with the Second Party in future. C) That the First Party will have right to meet his son once in a month preferably on Sunday at the place and time settled mutually between the parties as per their convenience. D) It has been agreed that the expenses for bringing up and education of the son Ojas Singh shall be borne by the Second party. The First Party may also spent money for Versus Counsel for Applicant(s) : Upendra Kumar Awasthi Counsel for Opposite Party(s) : G.A., Rudranshu Kumar Ankur Vaid .....Applicant(s) State Of U.P. And Ors. .....Opposite Party(s) the expenses of education, as and when required, with mutual consent. E) It has been agreed that the Second Party shall not claim any maintenance or alimony from the First Party in future. F) That both the parties have agreed withdraw/ not press/ not pursue the filed against each other and their family members. the detail of which are as under: 1. Criminal Case No. 925/2019 U/S 125 Cr. P. C. pending before Family Court of Lucknow. II. Case No. 192/2018 U/S 498A, 323, 504, 506 1.P.C. and 3/4 D. P. Act pending before Spl. Court C.B.I. (A.P.), Lucknow, III. Case No. 457 of 2019 U/S 9 H. M. Act, pending before Family Court of Lucknow. Besides the above if any other case is pending between both the parties the same shall also be withdrawn by respective parties. G) That it is also agreed between the parties that neither they themselves nor any member of their respective families shall institute any malicious prosecution, in the form of any criminal or civil proceedings against each other, or any of their relative or family members, in future in respect to the present dispute or any matter incidental there to and if any proceeding has already been initiated the same would stand disposed off in terms of this Settlement Agreement. H) That both the parties will facilitate each other to get a decree of divorce in the Suit No. 3271/22 u/s 13-B of Hindu Marriage Act filed before Principal Judge Family Court, Lucknow. 1) That both the parties understand, agree and further bind themselves that if either of the parties rescinds or does not follow the conditions stipulated herein above and the terms and conditions mentioned in the Suit filed U/S 13 B Hindu Marriage Act before Principal Jodge, Family Court, Lucknow, such act shall entail appropriate legal action. 7. By signing this agreement the parties hereto state that they have no further claims or demands against each other with respect to Crl. Misc. Case No. 7156 of 2019 (A- 482) (Ankur Vaid Vs. State of U. P. & Ors) and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of Conciliation/Mediation." 5. In view of thereof, this application under Section 482 Cr.P.C. is allowed in terms of settlement dated 17.10.2022, which shall form part of this order and both the parties shall abide with the clauses mentioned in the settlement dated 17.10.2022. November 28, 2025 Shukla A482 No. 7156 of 2019 2 (Rajeev Bharti,J.) Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench