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2025 DAILYLAW 3425 (ALL)

SHACHI DUBEY AND ANOTHER v. STATE OF U.P. AND ANOTHER

CRLR/7229/2025 · 2026-09-07

Lakshmi Kant Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 7229 of 2025 Court No. - 87 HON'BLE LAKSHMI KANT SHUKLA, J. 1. Heard Mr. Praful Dev Shukla, learned counsel for revisionist, learned AGA for State-opposite party no. 1, Mr. Yash Malviya, Advocate holding brief of Mr. Shreya Gupta, learned counsel appearing on behalf of opposite party no. 2 and perused the record. 2. Learned counsel appearing on behalf of revisionist submitted that earlier the matter was referred for mediation through mediation and conciliation centre, High Court Allahabad where the party with the help of mediator settled their matter amicably. Now the settlement agreement arrived at between the parties on 03.08.2026. Paragraph 7 of the settlement deed dated 03.08.2026 is relevant which is quoted hereunder:- "7. In view of the Interim Settlement dated 06.07.2026 the following settlement has been arrived at between the Parties hereto: a) That both the parties are living together as husband and wife since 07.07.2026 forgetting all previous disputes and differences. In continuation of the said, the parties appeared and stated that they are fully satisfied with this reunion and further they want to continue it for the rest of their lives. b) That the husband and wife undertake that they shall take any such action which may hurt either of the party mentally or physically and shall try to satisfy each other by their activities. c) That the parties undertake not to commit any kind of cruelty against Versus Counsel for Revisionist(s) : Anubhav Sonkar, Praful Dev Shukla Counsel for Opposite Party(s) : G.A., Shreya Gupta Shachi Dubey And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) each other in any manner whatsoever. d) That it has been agreed between the parties that they will behave properly living in peaceful and cordial atmosphere. e) That the husband undertakes to take care of his wife and son and fulfill all essential requirements and amenities to them in future. f) That it has also been agreed between the parties that all civil and criminal cases, if any, filed by them against each other or their family members regarding present matrimonial dispute, shall be withdrawn by the parties concerned by taking appropriate steps before the Court/authority concerned. g) That the parties will not file any fresh case against each other or their family members in respect of present matrimonial dispute. h) That it has been agreed between the parties that they shall not violate the terms and condition of this settlement." 3. It is thus contended that, in view of the aforesaid settlement agreement, the present criminal revision may be allowed by this Court and the impugned order may be set aside. 4. Learned counsel appearing on behalf of opposite party no. 2, as well as learned A.G.A. representing the State-opposite party no. 1, have no objection to the same. 5. In view of above, the present criminal revision is liable to be allowed in terms of paragraph 7 of the Settlement Agreement dated August 3, 2026. Accordingly, the present criminal revision is hereby allowed. The impugned order dated 28.11.2024, passed by the learned Additional Principal Judge, Family Court, Fatehpur, is hereby set aside. Paragraph 7 of the Settlement Agreement dated August 3, 2026 shall form part of this judgment. September 8, 2026 Arti CRLR No. 7229 of 2025 2 (Lakshmi Kant Shukla,J.) Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad