Tribhuvan Tiwari and 5 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Tribhuvan Tiwari and 5 Others vs State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impleadment of the husband of respondent no. 2 as respondent no. 4 permitted; notices ordered to respondent nos. 2 and 4; matter listed for 28.03.2025 for respondent no. 2 to give her consent to settlement by mediation; respondent no. 4 directed to appear on the next date with a cheque of ₹20,000/- drawn in favor of respondent no. 2.

Issue for consideration

Whether the husband of respondent no. 2 should be impleaded as respondent no. 4 in the application. +1 more

Court's answer

Learned counsel for the petitioners is permitted to implead the husband of respondent no. 2 as respondent no. 4.

Ratio / Principle

Notices were ordered to be issued to respondent no. 2 and the newly impleaded respondent no. 4.

Key takeaways

The matter was listed for 28.03.2025, on which date respondent no. 2 shall appear before the Court to give her consent as to whether she wants to settle the dispute by way of mediation.ratio¶10
Respondent no. 4 (husband of respondent no. 2) shall appear before the Court on the next date with a cheque of ₹20,000/- drawn in favor of respondent no. 2.ratio¶11

Detailed headnote1 paragraphs

Interim order dated 27.2.2025 by Karunesh Singh Pawar, J., High Court of Judicature at Allahabad, Lucknow Bench, in Application U/S 482 No. 1690 of 2025 (Tribhuvan Tiwari and 5 Others v. State of U.P. and 2 Others). Counsel for the petitioners, who are family members of the husband of respondent no. 2, was permitted to implead that husband as respondent no. 4. Notices were ordered to respondent nos. 2 and 4, and the matter was listed for 28.03.2025 for respondent no. 2 to appear and state whether she consents to settle the dispute by mediation; respondent no. 4 was directed to appear with a cheque of ₹20,000/- drawn in her favour. Background: by order dated 10.05.2023 in Criminal Revision Defective No. 144 of 2023 (Varun Kumar Tiwari vs. Poonam and Others) a coordinate Bench had referred the matter to mediation on a ₹20,000/- deposit by the revisionist; the deposit was made, but respondent no. 2 withdrew it after a single appearance and did not pursue mediation.

Court No. - 16 Case :- APPLICATION U/S 482 No. - 1690 of 2025 Applicant :- Tribhuvan Tiwari And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

Counsel for Applicant :- Suresh Chandra Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioners as well as learned AGA for the State.

Learned counsel for the petitioners submits that inadvertently he could not implead husband of respondent no. 2 in the petition, hence, he requests for impleadment of the husband of respondent no. 2 as respondent no. 4.

Learned counsel for the petitioners is permitted to implead the husband of respondent no. 2 as respondent no. 4.

It is further submitted that the petitioners are family members of the husband of respondent no. 2 and have been unnecessarily dragged into the present litigation. Vide order dated 10.05.2023, a coordinate Bench of this Court, in Criminal Revision Defective No. 144 of 2023 (Varun Kumar Tiwari vs. Poonam and Others), referred the matter for mediation directing the revisionist, Varun Kumar Tiwari (husband of respondent no. 2) to deposit a sum of ₹20,000/- with the Mediation and Conciliation Centre of this Court. In compliance of that order, the revisionist deposited the said amount, however, respondent no. 2, in stead of participating in the mediation proceedings, withdrew the amount by appearing just once and did not turn up before the Mediation Centre.

It has been further submitted that he is willing to settle the dispute by way of mediation subject to the consent given by respondent no. 2.

In view of the above, let notices be issued to respondent no. 2 and the newly impleaded respondent no. 4.

List on 28.03.2025. On that date respondent no. 2 shall appear before this Court in order to give her consent as to whether she wants to settle the dispute by way of mediation.

Respondent no. 4 (husband of respondent no. 2) shall also appear before this Court on the next date with a cheque of ₹20,000/- drawn in favor of respondent no. 2.

Order Date :- 27.2.2025 R.C.

Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench