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2025 DAILYLAW 94965 (ALL)

VINOD KUMAR SINGH v. State of U.P. AND ANOTHER

CRLR/4673/2024 · 2025-09-24

Madan Pal Singh

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4673 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard learned counsel for the revisionist, learned AGA appearing for the State-opposite party no.1 and perused the record. 2. The instant criminal revision is directed against the judgment and order dated 24.07.2024 passed in Criminal Appeal No. 1185 of 2024 by the learned Additional District & Session Judge, Court No. 17, Kanpur Nagar (arising out of order dated 18.09.2023) for issued recovery warrant in Complaint Case No. 1120 of 2018 (Sanjana Thakur Vs. Vinod Kumar Singh) proceeding under Section 12 Domestic Violence Act, 2005, Police Station Barra, District Kanpur Nagar. 3. Vide order of this Court dated 27.05.2025, matter was referred to the Mediation and Conciliation Centre of this Court, in which final settlement agreement has been arrived at between the parties on 24.08.2025 which are as follows: "(a) That the parties have already settled their dispute and decided to dissolve their marriage and in this regard they have filed a petition u/s 13-B of the Hindu Marriage Act before the Principal Judge, Family Court, Kanpur Nagar, which is registered as Case No. 1988 of 2025. The parties shall produce the certified copies of the aforesaid divorce petition and order-sheet at the time of hearing before the Hon'ble Court. The parties agree that they shall not resile from the settlement/divorce petition, in any manner whatsoever and take it to its logical conclusion without causing unnecessary impediment. (b) That it has been agreed between the parties that the husband shall pay one time settlement amount of Rs.15,50,000/- (Rupees Fifteeen Lakh Fifty Thousand only) to Versus Counsel for Revisionist(s) : Bed Kant Mishra, Neetu Mishra Counsel for Opposite Party(s) : Babu Lal Ram, G.A. Vinod Kumar Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) the wife which includes permanent alimony and Stridhan by way of Demand Draft drawn in her favour.(c) That as per Para 7 (c) of the Interim settlement dated 03.08.2025, the husband has produced a demand draft bearing Nos. 504854 dated 28.07.2025 for Rs.7,00,000/- drawn on ICICI Bank in favour of Sanjana Thakur, which was kept on record and today i.e. 24.08.2025 the same is being handed over to Sanjana Thakur (O.P. No.2) and she has acknowledged the receipt of the same. (d) That it has also been agreed between the parties that they shall not withdraw their consent from the aforesaid divroce petition, in case husband withdraws his consent the amount of Rs.7,00,000/- received by the wife shall stands forfeited in her favour and in case wife withdraws her consent from the said divorce petition, she would be liable to return the amount of Rs.7,00,000/-along with the current market rate of interest to the Husband. (e) That it has been agreed between the parties that the remaining amount i.e. Rs.8,50,000/- (Rupees Eight Lakh Fifty Thousand only) shall be paid by Vinod Kumar Singh (Revisionist - Husband) to Smt. Sanjana Thakur (O.P. No.2- Wife) at the time of final judgment/Second Motion in Marriage Petition No. 1988 of 2025 pending in Family Court, Kanpur Nagar by way of demand draft. (f) That it has 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 both the parties agree that they have no further claims or liabilities against each other and undertake not to contest any litigation in any manner whatsoever related to the instant dispute. (h) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement." 4. Accordingly, the instant criminal revision is allowed. The order dated 24.07.2024 passed in Criminal Appeal No. 1185 of 2024 by the learned Additional District & Session Judge, Court No. 17, Kanpur Nagar (arising out of order dated 18.09.2023) for issued recovery warrant in Complaint Case No. 1120 of 2018 (Sanjana Thakur Vs. Vinod Kumar Singh) proceeding under Section 12 Domestic Violence Act, 2005, Police Station Barra, District Kanpur Nagar, is set aside. 5. The parties to bear their own cost. September 25, 2025 Akbar CRLR No. 4673 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad