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Allahabad High Court

ABHISEHK KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The revision is allowed and the Family Court order under Section 125 CrPC is set aside as the parties have settled the dispute.

Summary

The husband, Abhisehk Kumar, filed a criminal revision challenging a Family Court order dated 05.08.2024 under Section 125 of the Criminal Procedure Code granting maintenance to his wife, Pinki Sahu. Both parties later settled their matrimonial dispute through mediation, agreeing to divorce under Section 13‑B of the Hindu Marriage Act and to a lump‑sum alimony payment. The settlement agreement, filed on 22.08.2026, stipulated full payment of Rs. 10 lakh and a waiver of any further claims, including the pending Section 125 case. The State, represented by an Additional Government Advocate, raised no objection to the settlement. The High Court, after reviewing the settlement, allowed the criminal revision and set aside the impugned Section 125 order, recognizing that the parties’ agreement extinguished the maintenance liability.

Issues considered

  • Can a criminal revision under Section 125 CrPC be entertained and the Family Court order set aside when the parties have reached a settlement through mediation?
  • Does a settlement agreement and divorce petition under Section 13‑B of the Hindu Marriage Act extinguish the liability for maintenance under Section 125 CrPC?

Legislation cited

Subjects

  • Section 125 CrPC
  • maintenance
  • mediation
  • settlement agreement
  • divorce
  • Hindu Marriage Act
  • criminal revision
  • family law
  • alimony

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  CRIMINAL REVISION No. - 7671 of 2025

Abhisehk Kumar
                                                          .....Revisionist(s)
                                  Versus

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

Counsel for Revisionist(s)    : Abhishek Kumar Singh
Counsel for Opposite Party(s) : Akhil Kumar Shukla, G.A., Lalit
                                Kumar Tripathi

Court No. - 87
                 HON'BLE LAKSHMI KANT SHUKLA, J.

1. Heard Mr. Abhishek Kumar Singh, learned counsel for the revisionist
and learned A.G.A. for the State of U.P. and perused the record.

2. Even though the names of Mr. Akhil Kumar Shukla and Mr. lalit
Kumar Tripathi have been duly published in the cause list as learned
counsel for O.P. No. 2 but neither they nor anyone on their behalf has
appeared to oppose the instant criminal revision.

3. Learned counsel for the revisionist has submitted that the matter was
referred to the Mediation and Conciliation Center, High Court, Allahabad
wherein the concerned parties have settled their dispute and the settlement
agreement arrived at between the parties on 22.08.2026 which is attached
to the report of Mediation and conciliation Center, High Court, Allahabad
is at page 7 which envisaged the condition of agreement. In view of
aforesaid premise, the present criminal revision may be allowed.

4. Learned A.G.A. appearing for the State has no objection to the
submission urged by learned counsel for the revisionist.

5. Having heard the rival submissions and perusal of record, though the
parties have amicably settled their dispute through mediation. The
condition of settlement agreement arrived between the parties is at
paragraph No. 7 which is reproduced herein under;

"In view of the interim Settlement agreement dated 18.07.2026, the following
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                                    2


settlement has been arrived at between the parties;

(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, Farrukhabad which was registered as Marriage Petition No.
614 of 2026 and they shall produce certified copy of the aforesaid divorce petition
before the Hon'ble High Court at the time of hearing.

(b) That it has ben agreed between the parties that husband shall pay an amount of Rs.
10,00,000/- (Rupees Ten Lakh only) to Smt. Pinki Sahu (O.P. No. 2-wife) towards the
permanent alimony including Stridhan and all her other financial claims and
maintenance. The said amount shall be paid by way of demand draft drawn in her
favour. After receiving the permanent alimony she shall not take any other claim of
any nature whatsoever, claiming any further assistance/maintenance from the husband
and she also undertakes that she shall not take any claim in the property of husband or
his family members.

(c) That on 18.07.2026, the husband had produced a demand draft bearing No. 704877
dated 15.07.2026 for Rs. 3,00,000/- (Rupees Three Lakh only) drawn on State Bank of
India issued in favour of KM PINKI SAHU (wife) which was kept on record and the
same has been handed over to the wife today i.e. 22.08.2026 and she has acknowledge
the receipt of the same.

(d) That today i.e. 22.08.2026, the husband has handed over another demand draft
bearing no. 704921 dated 20.08.2026 to Rs. 2,00,000/- Rupees Two Lakh only) drawn
on State Bank of India, to KM PINKI SAHU (Wife) and she has acknowledged the
receipt of he same.

(e) That it has been agreed between the parties that the remaining amount i.e. Rs.
5,00,000/- (Rupees Five Lakh only) shall be paid by Abhishek Kumar (Revisionist
husband) to Smt. Pinki Sahu (O.P No. 2-wife) at the time of final judgment/decree in
divorce petitionpending in the court of Principal Judge, Family Court, Farrukhabad 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 Case No. 717/12/2023 (Smt. Pinki Sahu Vs. Abhishek Kumar) under
Section 125 Cr.P.C., P.S. Fatehgarh, District Farrukhabad.
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                                                                         3


                                    (g) That both the parties agree that 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 (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 aforesaid
                                    steps."

                                    6. Though the dispute between the parties has been settled through
                                    mediation. Accordingly, the present criminal revision is allowed. The
                                    impugned order dated 05.08.2024 passed by learned Principal Judge,
                                    Family Court, Farrukhabad in proceeding under Section 125 Cr.P.C. is
                                    hereby set aside.



                                                                                             (Lakshmi Kant Shukla,J.)
                                    September 18, 2026
                                    RPD




Digitally signed by :-
RATAN PRAKASH DWIVEDI
High Court of Judicature at Allahabad


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