The Allahabad High Court allowed the revision petition by directing the quashing of impugned proceedings following a settlement. The petitioner deposited Rs. 5,50,000 (partially paid earlier), which the respondent accepted, leading to the resolution of the dispute.
Impugned criminal proceedings are quashed; revision petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC-LKO:66781
Court No. - 12
Case :- CRIMINAL REVISION No. - 354 of 2021 Revisionist :- Munendra Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Suhail Kashif Counsel for Opposite Party :- G.A.,Dharmendra Kumar Trivedi Hon'ble Rajeev Singh,J.
"1. Heard Sri Suhail Kashif, learned counsel for the revisionist, Sri Rajeev Kumar Verma, learned A.G.A. for the State, Sri Dharmendra Kumar Trivedi, learned counsel for opposite party No.2 and perused the entire record.
2. On 20.04.2023, this Court has passed the following order:-
"Heard Sri Suhail Kashif, learned counsel for the revisionist, Sri Dharmendra Kumar Trivedi, learned counsel for opposite party no.2 and Sri Anurag Verma, learned A.G.A. for the State.
Pursuant to order dated 13.03.2023, passed by this Court, the revisionist, Munendra Singh and opposite party no.2, Smt. Vandana Singh are present in person and they have been identified by their counsels.
Learned counsel of parties prays for and is granted a week's time to enable parties to settle their dispute finally and intimate the Court that Demand Draft pursuant to their settlement has been finally exchanged.
List this case on 28.04.2023. On which date, the revisionist as well as opposite party no.2 shall again appear in person before this Court. Interim order, if any, shall continue to operate till the next date of listing."
3. In deference to aforesaid order of this Court dated 20.04.2023, the revisionist, Munendra Singh and opposite party No.2, Smt. Bandana Singh, have appeared before this Court, who have been identified by their respective counsel. The parties after due consultation with their respective learned counsel again appeared in the Court and the revisionist has stated that today, he has handed over a D.D. bearing No.019694 for a sum of Rs.3,00,000/- (rupees three lacs), a copy of the same is available on record, as an amount payable in lieu of full and final settlement of cases apart from the instant case bearing Case No.1266 of 2014 titled as Vandana Singh vs. Munendar Singh and others, under Sections 498A, 323, 504, 506 I.P.C. & Sections 3/4 D.P. Act, Police Station Ram Nagar, District Barabanki, pending in the court of learned A.C.J.M., Court No.11, Barabanki as well as Case No.2474 of 2018 (New Case No.148 of 2021) titled as Vandana Singh vs. Munendra Singh and others, under Section 12 read with Section 18, 19, 20, 21, 22, 23 Domestic Violence Act, Police Station Ram Nagar, District Barabanki, pending in the court of learned A.C.J.M., Court No.43 and O.S. No.232 of 2016, under Section 13 Hindu Marriage Act, District Kannauj.
4. The opposite party No.2, Smt. Bandana Singh and Sri Dharmendra Kumar Trivedi, learned counsel for opposite party No.2 have accepted the fact that the opposite party No.2 received a D.D. for a sum of Rs.3,00,000/- (rupees three lacks) from the revisionist today. They also jointly submit that the present revisionist has to pay Rs.2,50,000/- (rupees two lacs and fifty thousand) apart from the aforesaid amount.
5. In view of above, learned counsel for the opposite party No.2 states and undertakes that before the next date of listing, the opposite party No.2 shall get the aforesaid three cases pending against the present revisionist decided, in accordance with law.
6. List this case in the week commencing 10.07.2023.
7. Interim order, if any, shall continue to operate till the next date of listing."
Order Date :- 12.10.2023/Vipul
Digitally signed by :- VIPUL PRATAP GOGAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the revision petition for quashing criminal proceedings can be allowed after the factual issue is resolved via settlement and payment.
Whether discharge of case No.1266 of 2014 and Case No.2474 of 2018 is a valid condition for quashing the pending revision.
3 provisions across 3 enactments
Munendra Singh
State of U.P.
Smt. Vandana Singh
Vipul Pratap Gogal
As recorded by the court registry
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