Allahabad High Court
SHACHI DUBEY AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- LAKSHMI KANT SHUKLA
Holding
The settlement agreement is binding and the criminal revision is allowed, setting aside the impugned order.
Summary
Shachi Dubey and another filed a criminal revision challenging an order of the Additional Principal Judge, Family Court, Fatehpur dated 28.11.2024 in a matrimonial dispute. The parties had earlier undergone mediation at the High Court’s mediation and conciliation centre and executed a settlement deed on 03.08.2026, wherein they agreed to live together, refrain from cruelty, and withdraw any civil or criminal proceedings relating to the dispute. The revisionist contended that the settlement barred continuation of the criminal case and that the impugned order should be set aside. The State and the opposite party raised no objection to the settlement. The Court held that the settlement agreement, being a valid and mutually consented compromise, warranted the setting aside of the earlier order and allowed the revision. Consequently, the impugned order was set aside and the criminal revision was allowed.
Issues considered
- Whether a settlement agreement arrived at through mediation can bar the continuation of criminal proceedings in a matrimonial dispute.
- Whether the criminal revision petition is maintainable to set aside the order of the Additional Principal Judge, Family Court.
- Whether the parties may withdraw pending criminal cases as per the terms of the settlement agreement.
Subjects
- matrimonial dispute
- settlement agreement
- mediation
- criminal revision
- family court
- withdrawal of criminal cases
- cruelty
- reconciliation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 7229 of 2025
Shachi Dubey And Another
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Anubhav Sonkar, Praful Dev Shukla
Counsel for Opposite Party(s) : G.A., Shreya Gupta
Court No. - 87
HON'BLE LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Praful Dev Shukla, learned counsel for revisionist, learned
AGA for State-opposite party no. 1, Mr. Yash Malviya, Advocate holding
brief of Mr. Shreya Gupta, learned counsel appearing on behalf of
opposite party no. 2 and perused the record.
2. Learned counsel appearing on behalf of revisionist submitted that
earlier the matter was referred for mediation through mediation and
conciliation centre, High Court Allahabad where the party with the help
of mediator settled their matter amicably. Now the settlement agreement
arrived at between the parties on 03.08.2026. Paragraph 7 of the
settlement deed dated 03.08.2026 is relevant which is quoted hereunder:-
"7. In view of the Interim Settlement dated 06.07.2026 the following
settlement has been arrived at between the Parties hereto:
a) That both the parties are living together as husband and wife since
07.07.2026 forgetting all previous disputes and differences. In
continuation of the said, the parties appeared and stated that they are
fully satisfied with this reunion and further they want to continue it for the
rest of their lives.
b) That the husband and wife undertake that they shall take any such
action which may hurt either of the party mentally or physically and shall
try to satisfy each other by their activities.
c) That the parties undertake not to commit any kind of cruelty against
CRLR No. 7229 of 2025
2
each other in any manner whatsoever.
d) That it has been agreed between the parties that they will behave
properly living in peaceful and cordial atmosphere.
e) That the husband undertakes to take care of his wife and son and fulfill
all essential requirements and amenities to them in future.
f) That it has also been agreed between the parties that all civil and
criminal cases, if any, filed by them against each other or their family
members regarding present matrimonial dispute, shall be withdrawn by
the parties concerned by taking appropriate steps before the
Court/authority concerned.
g) That the parties will not file any fresh case against each other or their
family members in respect of present matrimonial dispute.
h) That it has been agreed between the parties that they shall not violate
the terms and condition of this settlement."
3. It is thus contended that, in view of the aforesaid settlement agreement,
the present criminal revision may be allowed by this Court and the
impugned order may be set aside.
4. Learned counsel appearing on behalf of opposite party no. 2, as well as
learned A.G.A. representing the State-opposite party no. 1, have no
objection to the same.
5. In view of above, the present criminal revision is liable to be allowed in
terms of paragraph 7 of the Settlement Agreement dated August 3, 2026.
Accordingly, the present criminal revision is hereby allowed. The
impugned order dated 28.11.2024, passed by the learned Additional
Principal Judge, Family Court, Fatehpur, is hereby set aside. Paragraph 7
of the Settlement Agreement dated August 3, 2026 shall form part of this
judgment.
(Lakshmi Kant Shukla,J.)
September 8, 2026
Arti
Digitally signed by :-
ARTI SHARMA
High Court of Judicature at Allahabad
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