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

Nand Kishor 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

Interim protection: no coercive measure to be taken against the revisionist in pursuance of the impugned order dated 01.02.2025, conditional on deposit of Rs.25,000/- within ten days before the Mediation & Conciliation Centre of the Court, till the next date of listing; notices issued to opposite party nos. 2 and 3; case listed on 21.05.2025 with the revisionist and Smt. Neeta to appear in person regarding willingness for mediation. The revision itself remains pending and was not finally decided.

Issue for consideration

Whether, the dispute being matrimonial, the matter should be pursued towards settlement through mediation/conciliation so as to attempt restoration of the matrimonial tie, with the willingness of the revisionist and opposite party no. 2 (Smt. Neeta) to be apprised to the Court on personal appearance. +1 more

Court's answer

Since the matter is a matrimonial dispute, the Court held that effort should be made to restore the matrimonial tie.

Ratio / Principle

Notice was directed to be issued to opposite party nos. 2 and 3.

Key takeaways

The case was directed to be listed on 21.05.2025 among the top ten cases.ratio¶12
The revisionist and opposite party no. 2 (Smt. Neeta) were required to appear in person on the returnable date to apprise the Court whether they are willing to get the dispute settled through mediation proceedings.ratio¶12
As an interim measure, on the revisionist depositing Rs.25,000/- within ten days before the Mediation & Conciliation Centre of the Court, no coercive measure shall be taken against the revisionist in pursuance of the impugned judgment and order dated 01.02.2025, till the next date of listing.ratio

Detailed headnote1 paragraphs

Interim order in Criminal Revision No. 506 of 2025 under Section 19(4) of the Family Courts Act, 1984, challenging the order dated 01.02.2025 of the Additional Principal Judge-II, Family Court, Raebareli (Case No. 1400 of 2023 under Section 126(2) Cr.P.C., Nand Kishore Vs. Smt. Neeta and another) whereby the revisionist's application was allowed imposing a cost of Rs.50,000/-. The Court, noting that the dispute is matrimonial and that effort should be made to restore the matrimonial tie, issued notice to opposite party nos. 2 and 3, listed the matter on 21.05.2025 (top ten cases) requiring the revisionist and Smt. Neeta (opposite party no. 2) to appear in person to appraise their willingness to settle through mediation, and as an interim measure provided that on deposit of Rs.25,000/- within ten days before the Mediation & Conciliation Centre, no coercive measure shall be taken against the revisionist till the next date of listing. Single Bench: Hon'ble Alok Mathur, J.; Order dated 5.5.2025.

Court No. - 12

Case :- CRIMINAL REVISION No. - 506 of 2025

Revisionist :- Nand Kishor

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

Counsel for Revisionist :- Rohitash Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

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

By means of the present criminal revision under Section 19 (4) of the Family Courts Act, 1984, the revisionist has challenged the order dated 01.02.2025 passed by learned Additional Principal Judge-II, Family Court, Raebareli in Case No. 1400 of 2023 under Section 126 (2) Cr.P.C. (Nand Kishore Vs. Smt. Neeta and another) whereby the application of the revisionist has been allowed imposing a cost of Rs.50,000/-.

Learned counsel for the revisionist has submitted that the revisionist is ready to settled the dispute through mediation proceedings and as such, the matter may be referred to the Mediation & Conciliation of this Court.

Since it is a matrimonial dispute, as such, effort should be made to restore the matrimonial tie.

Issue notice to opposite party no. 2 and 3.

List this case on 21.05.2025 in top ten cases. On the said date, the revisionist and opposite party no. 2 Smt. Neeta shall appear in person to apprise the Court whether they are willing to get the dispute settled through mediation proceedings or not.

As an interim measure, it is provided that in case the

revisionist deposits Rs.25,000/- within ten days before the Mediation & Conciliation Centre of this Court, no coercive measure shall be taken against the revisionist in pursuance of impugned judgment and order dated 01.02.2025 passed by learned Additional Principal Judge-II, Family Court, Raebareli in Case No. 1400 of 2023 under Section 126 (2) Cr.P.C. (Nand Kishore Vs. Smt. Neeta and another), till the next date of listing.

(Alok Mathur, J.)

Order Date :- 5.5.2025 Virendra

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