Saurabh Shukla vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Saurabh Shukla vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Matter referred to the Mediation and Conciliation Centre, High Court, Lucknow Bench, Lucknow; operation of the impugned orders dated 30.01.2024 and 6.5.2024 kept in abeyance meanwhile; Rs.35,000/- of the revisionist's deposit to be handed over to opposite party no.2 on her first appearance and Rs.5,000/- to remain deposited with the Centre; mediator to report within three months and the matter to be listed thereafter before the appropriate Bench.

Issue for consideration

Whether the judgement and order dated 30.01.2024 passed by the Additional Principal Judge, Family Court No.08, Lucknow, in Misc. Case No.792 of 2021, as well as the order dated 6.5.2024, should be set aside as suffering from illegality and non-application of mind. +1 more

Court's answer

While the mediation process proceeds, the operation of the aforesaid orders (the judgement and order dated 30.01.2024 and the order dated 6.5.2024) shall remain in abeyance.

Ratio / Principle

The Court was satisfied, on the record and submissions, that the nature of the litigation left a chance of resolution through mediation, and accordingly referred the matter to the Mediation and Conciliation Centre, High Court, Lucknow Bench Lucknow.

Key takeaways

The mediator was allowed three months to find a possible solution and report the outcome of the mediation; the matter is to be put up after three months in the additional cause list before the appropriate Bench along with the Centre's report, and the case shall not be treated as tied up or part heard with the present Bench.ratio¶16

Detailed headnote1 paragraphs

Criminal Revision (Defective) No. 313 of 2024 (Subhash Chandra Sharma, J.; order date 21.2.2025) — Matrimonial dispute between Saurabh Shukla (revisionist) and Smt. Vimlesh Kumari alias Shikha (opposite party no.2). The revision sought setting aside of the judgement and order dated 30.01.2024 of the Additional Principal Judge, Family Court No.08, Lucknow, in Misc. Case No.792 of 2021, CNR No.UPLKO 200 2729 2021, together with the order dated 6.5.2024. Opposite party no.2 appeared willing to mediate, and the revisionist had deposited Rs.40,000/- in compliance of order dated 6.8.2024. Finding a chance of amicable resolution, the Court referred the matter to the Mediation and Conciliation Centre, High Court, Lucknow Bench; Rs.35,000/- of the deposit to be handed to opposite party no.2 on her first appearance and Rs.5,000/- retained by the Centre; the mediator allowed three months to report; operation of the impugned orders kept in abeyance meanwhile; the case to be listed after three months before the appropriate Bench and not treated as tied up or part heard with the present Bench. The Court did not itself adjudicate the propriety of the impugned orders.

Court No. - 14 Case :- CRIMINAL REVISION DEFECTIVE No. - 313 of 2024

Revisionist :- Saurabh Shukla

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

Counsel for Revisionist :- Ashish Kumar Srivastava,Priyanka Pandey,Yogeshwar Sharan Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Sri P.N. Shukla, Advocate, filed his Vakalatnama on behalf of opposite party No.2, which is taken on record.

Smt. Vimlesh Kumari alias Shikha, opposite party No.2, is present before this Court. She is ready and willing to go for mediation. Rs.40,000/-(Forty thousand) has already been deposited by the revisionist in compliance of order dated 6.8.2024.

Heard learned counsel for the revisionist, learned counsel for opposite party No.2 as well as learned A.G.A. for the State and perused the record.

The present revision has been filed for the following relief:

(i) Set aside the judgement and order dated 30.01.2024 passed by the learned Additional Principal Judge, Family Court No.08, Lucknow, in Misc. Case No.792 of 2021, CNR No.UPLKO 200 2729 2021 (Smt. Vimlesh Kumari alias Shikha Vs. Saurabh Shukla, as well as the order dated 6.5.2024, is liable to be set aside as it suffers from illegality and non-application of mind.

(ii) issue an order or direction, in the appropriate nature thereby send this matter to the mediation centre of this Court to settle this dispute between the parties in the interest of justice.

Learned counsel for the revisionist submits that the matter is related to matrimonial dispute and the revisionist has intention to settle the same amicably. Learned counsel further urged that this case may be referred to the Mediation Centre of this Court so that they may have a chance to settle their dispute on their own terms through mediation. Learned counsel for the revisionist further submits that in compliance of order dated 6.8.2024, the revisionist has already deposited Rs.40,000/(Forty thousand) and Rs.35,00-/-(Thirty five thousand) be handed over to the opposite party no.2, Smt. Vimlesh Kumari alias Shikha on his first appearance before Mediation.

The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow Bench Lucknow. The revisionist has deposited Rs.40,000/-(Forty thousand) through demand draft out of which Rs.35,000/-(Thirty five thousand) shall be handed over to the opposite party no.2 Smt. Vimlesh Kumari alias Shikha on her first appearance. It is further provided that Rs.5,000/-( Five thousand) will remain deposited with the Mediation and Conciliation Centre, High Court, Lucknow Bench Lucknow.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

Put up this matter after three months in the additional cause list before the appropriate Bench along with report of the Mediation and Conciliation Centre. This case shall not be treated as tied up or part heard with this Bench.

In the meantime, the operation of the aforesaid orders, shall remain in abeyance.

Order Date :- 21.2.2025 GS

Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad, Lucknow Bench