MAYANK SAXENAversusSTATE OF U.P. AND ANOTHER

    HIGH COURT OF JUDICATURE AT ALLAHABAD
             CRIMINAL REVISION No. - 2628 of 2025

Mayank Saxena
                                                      .....Revisionist(s)
                              Versus

State of U.P. and Another
                                                         .....Opposite
                                                               Party(s)

Counsel for Revisionist(s)    : Santosh Kumar Yadav
Counsel for Opposite Party(s) : G.A., Pushpendra Kumar,
                                Ramdhan

Court No. - 85
             HON'BLE MADAN PAL SINGH, J.

1. Heard Sri Santosh Kumar Yadav, learned counsel for the
revisionist, Sri Pushpendra Kumar, learned counsel for the
opposite party no. 2 and learned AGA for the State. The
applications under Section 528 BNSS bearing Nos. 28998/25 and
29048 of 2025 are delinked with the instant revision.

2. Perused the entire material available on record.

3. The instant criminal revision has been preferred against the
judgment and order dated 07-04-2025 passed by learned Principal
Judge, Family Court, Aligarh in Criminal Misc. Case No. 1963 of
2023 under Section 125 Cr.P.C. whereby the learned trial court
directed the revisionist to pay Rs.15,000/- per month to the
opposite party no.2 from the date of application.

4. Since the revisionist and opposite party no. 2 are husband and
wife respectively and the dispute between them was matrimonial
in nature, the matter was referred to the High Court Mediation
and Conciliation Centre, Allahabad by a Coordinate Bench of this
Court vide order dated 26-05-2025.

5. Today on the matter being taken up, learned counsel for the
revisionist and the learned counsel for opposite party no.2 submit
that pursuant to the order dated 26-05-2025, both the parties
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                                 2


appeared before the High Court Mediation and Conciliation
Centre, Allahabad and both the parties have entered into
settlement agreement before the Mediation Centre on 11-11-
2025. The certified copy of the final agreement settlement dated
11-11-2025 has also been brought on record along with the order-
sheet of the present criminal revision.

6. For ready reference, the relevant paragraph no.7 of the final
settlement agreement is quoted as under:

     ". (a) That the parties agreed to live separately and mutually settled to
     dissolve their marriage by filing a divorce petition under Section 13-B of

     the Hindu Marriage Act before the Family Court, Aligarh, which was

     registered as Marriage Petition No. 1932 of 2025, and they shall produce

     a certified copy of the aforesaid divorce petition before the Hon’ble High

     Court at the time of hearing.


     (b) That it has been agreed between the parties that the revisionist-

     husband shall pay an amount of Rs. 14,00,000/- (Rupees Fourteen Lakh

     only) to Smt. Sweta Saxena (O.P. No. 2 – Wife) towards permanent

     alimony, including stridhan, maintenance and her other financial claims.

     The said amount shall be paid by way of demand draft drawn in her

     favour. After receiving this amount, she shall not stake any other claim of

     any nature whatsoever, claiming any further assistance/maintenance

     from the husband, and she also undertakes that she shall not stake any

     claim in the property of the husband or his family members.


     (c) That on 07.10.2025, the revisionist-husband had produced a demand

     draft bearing No. 854194 dated 04.10.2025 for Rs. 4,50,000/- (Rupees

     Four Lakh Fifty Thousand only), drawn on State Bank of India, issued in

     favour of Kumari Sweta Saxena (O.P. No. 2 – Wife), which was kept on

     record and the same has been handed over to the wife on 11.11.2025, and

     she has acknowledged the receipt of the same.


     (d) That today, i.e., 11.11.2025, the revisionist-husband has handed over

     another demand draft bearing No. 426219 dated 10.11.2025 for Rs.

     4,50,000/- (Rupees Four Lakh Fifty Thousand only), drawn on State

     Bank of India in favour of Kumari Sweta Saxena (O.P. No. 2 – Wife),
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                                  3


     and she has acknowledged the receipt of the same.


     (e) That it has been agreed between the parties that the remaining

     amount of Rs. 5,00,000/- (Rupees Five Lakh only) shall be paid by

     Mayank Saxena (Revisionist-Husband) to Smt. Sweta Saxena (O.P. No. 2

     – Wife) at the time of final judgment in the divorce petition pending in the

     Court of Principal Judge, Family Court, Aligarh, by way of demand

     draft.


     (f) That both the parties agree that they have no further claims or

     liabilities against each other and undertake not to contest any litigation in

     any manner whatsoever related to the Criminal Misc. under Section 125

     Cr.P.C., Police Station – Quarsi, District – Aligarh, hence Criminal

     Revision No. 2628 of 2025.


     (g) That both the parties agree that after entering into the instant

     settlement agreement, the parties hereinafter have no dispute with each

     other and shall not file any other litigation in any forum whatsoever

     related to the present dispute.


     (h) That it has also been agreed between the parties that all civil and

     criminal cases filed by them against each other or their family members

     regarding the present matrimonial dispute shall be withdrawn by the

     parties concerned by taking appropriate steps before the Court/authority

     concerned."


7. In view of the above Settlement Agreement, learned counsel
for the revisionist with reference to the statement of both the
parties recorded in settlement agreement that by signing this
Agreement the Parties hereto state that they have no further claim
against each other with respect to the present criminal revision
bearing Criminal Revision No.2628 of 2025 and all disputes and
differences in this regard have been amicably settled by the
Parties hereto through the process of Conciliation/Mediation, the
entire proceedings of the aforesaid criminal case be may be
quashed by this Court.

8. Learned counsel for opposite party no.2 could not dispute the
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                                4


above submission made by the learned counsel for the revisionist.
On instructions received from opposite party no.2, he submits
that in case entire proceedings initiated by opposite party no.2 are
quashed, she will have no objection.

9. This Court is not unmindful of the following judgements of the
Apex Court:

     1. B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC

     675,


     2. Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC

     677,


     3. Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,


     4. Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,


     5. Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,

     and


     6. Ramgopal & Anr. Vs. State of Madhya Pradesh; 2021 Legal Egale
     (SC) 569.


10. In the aforesaid judgments, the Apex Court has categorically
held that compromise can be made between the parties even in
respect of certain cognizable and non compoundable offences.

11. Considering the facts and circumstances of the case, as noted
herein above, and also the submissions made by the counsel for
the parties, the court is of the considered opinion that no useful
purpose shall be served by prolonging the proceedings of the
above mentioned criminal case as the parties have already settled
their dispute.

12. Accordingly, the impugned judgment and order dated 07-04-
2025 passed by learned Principal Judge, Family Court, Aligarh in
Criminal Misc. Case No. 1963 of 2023(Smt. Sweta Saxena Vs.
Mayank Saxena) under Section 125 Cr.P.C . is, hereby, quashed.
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                                        13. This criminal revision is, accordingly, allowed.

                                        14. There shall be no order as to cost.

                                        March 18, 2026
                                        pks

                                                                                   (Madan Pal Singh,J.)




Digitally signed by :-
PANKAJ KUMAR SRIVASTAVA
High Court of Judicature at Allahabad