Allowed

Vivek Tandon and 3 Others v. State of U.P. and 2 Others

Allahabad HC2 Aug 2023/1098/2019

Case brief

AI extract

What is this about?

In this criminal revision arising from orders under the Domestic Violence Act, the court observed that the dispute had been amicably settled through mediation and the parties had subsequently obtained a mutual divorce under the Hindu Marriage Act. Consequently, the revision was allowed and the impugned orders set aside.

What did the court decide?

Allowed; Impugned orders dated 20.7.2019 and 23.2.2019 set aside.

Vivek Tandon and 3 Others Vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:50938

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Court No. - 29 Case :- CRIMINAL REVISION No. - 1098 of 2019 Revisionist :- Vivek Tandon And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Prashant Chandra,Vikas Pandey Counsel for Opposite Party :- Govt. Advocate,Yashovardhan Swarup

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Hon'ble Mrs. Renu Agarwal,J.

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Heard Shri Prashant Chandra along with Shri Vikas Pandey, learned counsels for the revisionists, learned AGA for the State as well as Shri Yashovardhan Swarup, learned counsel for opposite party nos. 2 and 3 and perused the record.

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The instant Criminal Revision under Section 397/401 CrPC has been filed with the prayer to set aside the impugned judgment and order dated 20.7.2019 passed by the learned Additional Sessions Judge/Special Judge (P.C. Act), Lucknow in Appeal No. 81 of 2019 and the order dated 23.2.2019 passed by learned Additional Chief Judicial Magistrate, court no.28, Lucknow in complaint case No. 422 of 2017, U/s 12 of Domestic Violence Act, 2005.

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At the very outset, learned counsel for the revisionists submitted that the case was sent for mediation vide order dated 26.8.2019 passed by a coordinate bench of this Court and the mediation succeeded. The mediation report is annexed as Annexure-E with this file. It is further submitted that the parties have filed divorce petition U/s 13(b) of Hindu Marriage Act, 1955 vide suit no. 59/2020 which was decided by the court concerned on 8.10.2020. Hence the parties are residing separately in the light of mediation report as well as judgement of the family court dated 8.10.2020.

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Learned counsel for the opposite party no. 2 conceded to the facts aforementioned.

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Considering the fact that the parties have amicably settled their dispute and have been granted divorce on the basis of Suit No. 59/2020, U/s 13(b) of Hindu Marriage Act by order dated 8.10.2020, the present revision is, accordingly, allowed and the impugned orders dated 20.7.2019 and 23.2.2019 are hereby set aside.

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Order Date :- 2.8.2023 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Vivek Tandon and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Vivek Tandon and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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