Mulayam Yadav Vs State of U.P. and 2 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 1186 of 2024

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Mulayam Yadav

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.....Revisionist(s)

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	Versus
State Of U.P. And 2 Others	.....Opposite Party(s)
Counsel for Revisionist(s) Counsel for Opposite Party(s)	: Abhishek Saroj, Sunil Kumar Yadav : Daya Shanker Yadav, G.A., Mahendra Kumar

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Court No. - 91

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HON'BLE MADAN PAL SINGH, J.

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Heard learned counsel for the revisionist, learned AGA appearing for the State-opposite party no.1 and perused the record.

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None is present on behalf of the opposite parties no. 2 and 3.

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The instant criminal revision is directed against the judgment and order dated 22.01.2024 passed by the Principal Judge, Family Court, BhadohiGyanpur in Criminal Misc. Cases No. 219 of 2022 (Smt. Pramila and another Vs. Mulayam Yadav), under Section 125 of the Code of Criminal Procedure, Police Station Chauri, District Bhadohi, whereby the revisionist was directed to pay Rs.8,000/- per month as to the opposite party no.2 and Rs.4,000/- per month to the opposite party no.3 as maintenance from the date of the application i.e. 03.06.2022.

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Learned counsel for the revisionist states that the applicant had filed an Application U/s 482 No. 43138 of 2024 , in which, this Hon'ble Court vide order dated 05.01.2024, the matter was referred to the Mediation and Conciliation Centre of this Court and the opposite party no.2 has put in appearance through her counsel and the interim settlement agreement took place between the parties, which is evident from the report of the mediation centre dated 28.07.2024 and in view of the interim settlement dated 28.07.2024, the final settlement agreement has been arrived at between the Parties on 01.09.2024 which are as follows:

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"a) That in view of paragraph 7 (a) of the Interim Settlement dated 28.07.2024, the parties have mutually decided to live separately and dissolve their marriage and pursuant to the same they have filed a petition under Section 13-B of the Hindu

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CRLR No. 1186 of 2024

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2

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Marriage Act before the Principal Judge, Family Court, Bhadohi, Gyanpur which is registered as Divorce Petition No. 370 of 2024. 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 any unnecessary impediment. The certified copy of aforesaid divorce petition is being annexed to this settlement for kind perusal of the Hon'ble Court.

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b) That in paragraph 7 (b) of the interim settlement dated 28.07.2024, it has been agreed between the parties that Rs.3,00,000/- shall include the maintenance of the son but now it has been agreed between the parties the aforesaid amount shall include only permanent alimony and Stridhan of the wife.

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c) That it has been agreed between the parties that in full and final settlement of all financial claims of the wife that may accrue against the husband-Mulayam (Applicant No.1) or his family members, the wife-Pramila Devi (O. P. No.2-wife) shall be paid a permanent alimony including Stridhan to the tune of Rs.3,00,000/- (Rs. Three Lakh Only) by the husband- Mulayam Yadav. After receiving this amount the wife shall not stake any claim of any nature whatsoever in the property of the husband or her inlaws and she also agrees that she shall not claim any further financial assistance from the husband. The aforesaid amount shall be paid through the demand drafts drawn in her favor.

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d) That on 28.07.2024, the husband had produced a demand draft bearing no. 185685 dated 24.07.2024 drawn on State Bank of India for Rs.1,50,000/-(Rs. One Lakh Fifty Thousand Only) issued in favour of Pramila Devi (wife), which was kept on record and the same is being handed over to the O. P. No.2-wife/Pramila Devi today i.e. 01.09.2024 and she acknowledges the receipt of the same.

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e) That it has further been agreed between the parties that the remaining of aforesaid agreed permanent alimony i.e. Rs. 1,50,000/- (Rs. One Lakh Fifty Thousand Only) shall be paid by Mulayam (Applicant No.1-husband) to Pramila Devi (O. P. No.2wife) by way of demand draft of a nationalized bank drawn in favour of wife at the time of second motion/final judgment in Divorce Petition No. 370 of 2024 before the Family Court, Bhadohi, Gyanpur.

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1) That the parties agree that all the litigation (if any) initiated by each other against them or their family members shall be withdrawn, set-aside or got quashed in terms of this settlement and they agree not to litigate with regard to the present matrimonial dispute in future in any manner whatsoever.

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g) That this settlement had been read over and explained to the parties in Hindi in presence of their respective counsels, thereafter, they have signed the settlement."

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Learned counsel for the revisionist further submits that with the mutual

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CRLR No. 1186 of 2024

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3

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consent of the parties, the opposite party no.2 has also filed Case No. 370 of 2024 (Pramila Devi Vs. Mulayam) under Section 13-B of the Hindu Marriage Act, 1955 for dissolution of marriage before the Court of Principal Judge, Family Court, Bhadohi-Gyanpur. After exchange of pleadings, the trial court vide order dated 08.03.2025 has granted the decree of divorce in favour of the opposite party no.2.

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It is pertinent to mention here that in the order dated 08.03.2025, the trial court mentioned that the opposite party no.2 has received Rs.3,00,000/- a lump sum alimony and nothing remains to be paid to her and allowed the decree of divorce.

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Learned counsel for the revisionist states that the decree of divorce dated 08.03.2025 has been granted in favour of the opposite party no.2, permanent alimony had been taken by the opposite party no.2, therefore, now nothing remains to be decided in this criminal revision.

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Learned AGA appearing for the State-opposite party no.1 does not dispute the aforesaid facts.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A., perusal of record, it appears that the marriage of the revisionist and the opposite party no.2 has been dissolved vide judgment and decree dated 08.03.2025 and the parties are living separately and further permanent alimony had been taken by the opposite party no.2, which is evident from the decree of divorce as well as from the settlement agreement dated 01.09.2024 entered into between the parties before the Mediation and Conciliation Centre of this Court, therefore, now nothing remains to be adjudicated upon in the instant criminal revision.

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Accordingly, the instant criminal revision is allowed . The judgment and order dated 22.01.2024 passed by the Principal Judge, Family Court, Bhadohi-Gyanpur in Criminal Misc. Cases No. 219 of 2022 (Smt. Pramila and another Vs. Mulayam Yadav), under Section 125 of the Code of Criminal Procedure, Police Station Chauri, District Bhadohi, is set aside.

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The parties to bear their own cost.

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September 15, 2025 Prajapati RK

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(Madan Pal Singh,J.)

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Mulayam Yadav v. State of U.P. and 2 Others

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