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

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL REVISION No. - 1067 of 2025

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Atul Kumar Srivastava

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.....Revisionist(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And Another .....Opposite Party(s) Counsel for Revisionist(s) : Pankaj Verma, Ripu Daman Shahi Counsel for Opposite Party(s) : G.A., Manoj Kumar Mishra

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Court No. - 27

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HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

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Heard learned counsel for the revisionist, learned A.G.A. for the State, Sri Asim Sawant, holding brief of Sri Manoj Kumar Mishra, learned counsel for the respondent no.2 and perused the record.

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This Court passed the following order on 05.12.2025, which is reproduced hereunder:

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"Revisionist Atul Kumar Srivastava, complainant Shobhit Srivastava and Anupriya Srivastava daughter of the revisionist and wife of respondent no.2 are present in the Court pursuant to the earlier order dated 15.10.2025. On 17.11.2025 this Court passed following order :-"

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1. Heard.

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2. Affidavit filed on behalf of the revisionist and affidavit filed on behalf of the side opposite, are taken on record.

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3. In compliance of this Court's order dated 15.10.2025, revisionist-Atul Kumar Srivastava alongwith his daughter is present before this Court, who have been identified by his Counsel Sri Pankaj Verma and opposite party no.2 is also present

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CRLR No. 1067 of 2025

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before this Court, who has also been identified by his counsel Sri Manoj Kumar Mishra.

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4. Learned counsel for the parties submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise. In terms of settlement arrived between the parties, learned Counsel for the side opposite has provided three drafts to the revisionist, detailed as under:-

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(i) Draft No. 403652 dated 01.11.2025 payable to Anupriya Srivastava issued by UCO Bank, Khuramnagar Branch amounting to Rs. 1,50,000/(ii) Draft No. 403653 dated 03.11.2025 payable to Anupriya Srivastava issued by UCO Bank, Khuramnagar Branch amounting to Rs. 3,50,000/(iii) Draft No. 403654 dated 10.11.2025 payable to Anupriya Srivastava issued by UCO Bank, Khuramnagar Branch amounting to Rs. 5,00,000/-

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5. It is also stated that in terms of settlement arrived between the parties the daughter of revisionist and opposite party no.2 would file a suit in terms of Section 13B of Hindu Marriage Act, 1955 (in short 'Act of 1955'), within 15 days from today, on which date the opposite party no.2 shall also provide a draft of Rs. 5,00,000/- to the daughter of the revisionist and criminal cases pending between the parties would be withdrawn.

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6. Taking note of aforesaid, the case is adjourned for the day.

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7. List/put up this case on 05.12.2025 showing the name of Sri Manoj Kumar Mishra learned Counsel

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as counsel for the side opposite, in terms of earlier order of this Court.

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8. Till the next date of listing, the proceedings in issue shall remain stayed qua the revisionist."

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Learned counsel for the revisionist submits that a settlement occurred between the daughter of the revisionist and respondent no.2 that they will settle all the legal proceedings lodged by them in different courts and for that respondent no.2 shall pay Rs.2500000/- to his wife and minor daughter. Out of Rs.2500000/- agreed to be paid by respondent no.2 to his wife and daughter he has already paid Rs.1500000/- to his wife and remaining Rs.1000000/- are agreed to be paid on decree of divorce by mutual consent under Section 13 B of Hindu Marriage Act which has been filed before Family Court in terms of the agreement between the parties.

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Learned counsel for the revisionist submits that from the amount received through bank draft from respondent no.2 he has got an FDR issued in the name of minor daughter of Shobhit Srivastava and Anupriya namely Shanvi Srivastava who is of 5 years of age at present, for 400 days.

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He admitted that this Court directed that an FDR will be prepared in the name of minor daughter of Shobhit Srivastava namely Anupriya for Rs.500000/- till her attainment of majority, however, as she is likely to attain majority after 13 years, it was not possible to obtain an FDR from the Bank for a period of 13 years due to prevalent banking rules, however, respondent no.2 who is a Bank officer submitted that an FDR may be issued for a period of ten years pursuant to Court's order.

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In view of the above, it is directed that Manager of the Bank from which FDR of Rs.500000/- has been issued in the name of minor daughter of Shobhit Srivastava and Anupriya namely Shanvi Srivastava, shall issue a new FDR of Rs.500000/- for a

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CRLR No. 1067 of 2025

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period of 13 years after cancelling the earlier FDR which has been issued for 400 days. The Manger of the concerned Bank will do the needful in the matter and the maturity amount will be received by the said minor after attainment of majority. If any legal hurdle comes Manager of the Bank will submit his report in this regard.

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List on 12.01.2026. Let a copy of this order be produced before the Branch Manager concerned for necessary action.

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Interim order if any granted earlier shall continue to operate till the next date of listing.

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Presence of the parties is dispensed with till further orders."

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The revisionist is the father-in-law of respondent no. 2. The present case arises out of a matrimonial dispute between respondent no. 2 and his wife, Anupriya Srivastava. All the criminal cases instituted by both sides have been quashed in terms of compromise, except the present one, and the parties have also filed a petition under Section 13-B of the Hindu Marriage Act.

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Learned counsel for the parties, present before this Court, have prayed for quashing the present criminal case in terms of the mutual settlement arrived at between the parties

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In view of the settlement of the dispute between the parties, the proceedings of Complaint Case No. 4800 of 2020, under Sections 323, 504 and 506 IPC, Police Station Kotwali Nagar, District Barabanki, are hereby quashed . Consequently, the revision is allowed in terms of the compromise and mutual settlement between the parties.

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(Ram Manohar Narayan Mishra,J.)

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May 4, 2026 KR

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

Atul Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

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Atul Kumar Srivastava v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko and Another

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