Dismissed

Akhilesh Singh Patel v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Allahabad HC15 Oct 2024/1071/2024

Case brief

AI extract

What is this about?

Revision filed challenging family court order denied. Revisionist deposited sum to show bonafides but respondent refused mediation. Application withdrawn with liberty to move court on merits; order dismissed.

What did the court decide?

Criminal revision dismissed as withdrawn. Sum of Rs.25,000 refunded. Liberty to approach Family Court on merits granted.

Akhilesh Singh Patel Vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:69442

¶2

Court No. - 14

¶3

Case :- CRIMINAL REVISION No. - 1071 of 2024 Revisionist :- Akhilesh Singh Patel Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another

¶4

Counsel for Revisionist :- Sameer Singh,Sakshi Singh,Vivek Gupta Counsel for Opposite Party :- G.A.

¶5

Hon'ble Ajai Kumar Srivastava-I,J.

¶6

1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material available on record.

¶7

2. The present criminal revision has been filed for quashing/ setting aside the order dated 29.06.2024 passed by the learned Additional Principal Judge-VI, Family Court, Lucknow in Case No.964 of 2023 titled as Akhilesh Singh Patel vs. Ruchi Singh, under Sections 125(4)/ 127(2) Cr.P.C.

¶8

3. On 05.09.2024, this Court has passed the following order :-

¶9

"1. Heard.

¶10

Instant revision under Section 19(4) of the Family Courts Act has been filed challenging the order dated 26.09.2024 passed by learned Additional Principal Judge VI, Family Court, Lucknow, in Case No. 964 of 2023 in re: Akhilesh Singh Patel vs Ruchi Singh.

¶11

Learned counsel for the revisionist states that there is every likelihood of the parties entering into a settlement in case the matter is referred to Mediation Center of this Court.

¶12

Considering the aforesaid, issue notice to respondent no.2 returnable at an early date.

¶13

List this case on 01.10.2024 as fresh on which date the respondent no. 2 shall either appear in person or through counsel to indicate whether she is willing to go for mediation.

¶14

It is further provided that in case an amount of Rs.25,000/- is deposited within three weeks from today before this court to show his bona fide, no coercive action shall be taken against the revisionist.

¶15

It is needless to mention that in case the revisionist fail to deposit the amount of Rs.25,000/- within a period of three weeks, benefit of this order shall not be available to him."

¶16

4. Pursuant to aforesaid order dated 05.09.2024, an amount of Rs.25,000/- has already been deposited by the revisionist vide D.D. No.425042. A copy of receipt thereof is annexed to the instant criminal revision. However, opposite party No.2, who is present in Court, has expressed her unwillingness to resolve the dispute through the process of mediation.

¶17

5. After arguing at some length, learned counsel for the revisionist prays that he may be permitted to withdraw this criminal revision with liberty to move an appropriate application under Section 127 Cr.P.C. afresh before the learned trial court concerned.

¶18

6. In case, such an application is filed before the learned trial court under Section 127 Cr.P.C., the same shall be decided on its own merits, in accordance with law.

¶19

7. Accordingly, the present criminal revision is dismissed as withdrawn with the liberty as prayed .

¶20

8. OfÏce is directed to return the certified copy(s)/

¶21

original document(s), if any, to the learned counsel for the revisionist after retaining the photocopy(s) of the same on record.

¶22

9. The amount of Rs.25,000/-, which the revisionist had deposited pursuant to order dated 05.09.2024, shall be refunded to him without any further delay.

¶23

(Ajai Kumar Srivastava-I, J.)

¶24

Order Date :- 15.10.2024/ cks/-

¶25

Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Akhilesh Singh Patel v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

Akhilesh Singh Patel v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Aadarsh Rastogi vs State of U.P. Thru. Secy. Home Lko. and 2 Others

Brijesh Kumar vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Rani vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko.

Awadhesh Pathak Vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Reeta Pandey and Others Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Ram Kumar @ Ram Kumar Jaiswal Vs State of U.P. Thru. Prin. Secy. Lko. and Another