PRABHAKAR RAIversusSTATE OF U.P. AND ANOTHER

    HIGH COURT OF JUDICATURE AT ALLAHABAD

      APPLICATION U/S 528 BNSS No. - 48727 of 2025

Prabhakar Rai
                                                      .....Applicant(s)
                                Versus
State of U.P. and Another
                                                          .....Opposite
                                                                Party(s)

Counsel for Applicant(s)      : Hemant Kumar Singh, Sharad
                                Chandra Srivastava
Counsel for Opposite Party(s) : G.A., Harendra Yadav

Court No. - 76
           HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Hemant Kumar Singh, learned counsel for the
applicant, Mr. Shivam Yadav, holding brief of Mr. Harendra
Yadav, learned counsel for the opposite party No. 2, learned
A.G.A. for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been
filed to stay the effect and operation of the impugned execution
order dated 30.10.2025 passed by Principal Judge, Family Court,
Azamgarh in the execution (Izara) Case No. 208 of 2024 (Neeraj
Vs. Prabhakar) under Section 128 Cr.P.C. and to grant some more
time to deposit the recovery of outstanding maintenance amount
of Rs. 3,16,000 in easy installments, awarded by the order dated
30.10.2025 passed by Principal Judge, Family Court, Azamgarh
in the aforesaid execution (Izara) Case arising out of Original
Case No. 1079 of 2017 (Neeraj Vs. Prabhakar).

3. Learned counsels for the parties submit that in pursuance to the
order dated 08.09.2025, the matter was referred to the Mediation
and Conciliation Centre and the parties voluntarily and of their
own free will have arrived at a settlement vide Settlement
Agreement dated 25.02.2026. The contents of Settlement
Agreement are as follows:

"(a) That both parties acknowledge that they have been living separately
since the year 2017. As of today, both parties are undecisive regarding
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                              2

their future marital status. Consequently, they have mutually agreed to
maintain the status quo and continue living separately for the time being.

(b) That it has been agreed that in respect of the proceedings under
Section 125 Cr.P.C., the applicant-Husband hereby undertakes to strictly
comply with the order passed by the Family Court, Azamgarh and shall
continue to pay a monthly maintenance amount of Rs. 4,000/- (Rupees
Four Thousand Only) to the opposite party No. 2-Wife.

(c) That both the parties are explicitly agree that the current arrangement
is temporary and subject to the following future outcomes:

i. Option A (Reconciliation/Reunion): If, at any point in the future, the
parties mutually decide to resolve their differences and resume their
matrimonial cohabitation, they shall jointly approach the Family Court. In
such an event, they will file a formal application/statement to record their
Reunion and seek appropriate orders to regularize their marital status as
per law.

ii. Option B (Mutual Dissolution): If, after further deliberation, the
parties conclude that they cannot live together as husband and wife, they
shall have the liberty to seek a Decree of Divorce by Mutual Consent. In
such a case, both parties undertake to cooperate in filing the necessary
petition u/s 13-B of Hindu Marriage Act before the competent court and
appear for all required statements to legally dissolve the marriage.

(d) That as per the order dated 30.10.2025 passed by the Principal Judge,
Family court, Azamgarh regarding recovery of outstanding maintenance,
today i.e. 25.02.2026 the husband has produced a demand draft bearing
No. 779616 dated 23.02.2026 for Rs. 2,16,000/- drawn on Punjab
National Bank in favour of Smt. Neeraj and the same is being handed
over to Respondent No. 4 and she has acknowledged the receipt of the
same.

(e) That it has been agreed between the parties that all civil and criminal
cases, if any, filed them against each other regarding present matrimonial
dispute shall be withdrawn by the parties concerned by taking appropriate
steps before the Court/authority concerned in accordance with their future
decision to either reunite or seek a mutual divorce.

(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 instant dispute.

(g) That it has been agreed between the parties that they shall not violate
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                                        the terms and conditions of this settlement."

                                        4. Accordingly, the present application under Section 528
                                        B.N.S.S. is, accordingly, disposed of with the direction to the
                                        Court concerned that the matter be proceeded in terms of the
                                        aforesaid Settlement Agreement.

                                        March 18, 2026
                                        Shivani
                                                                                        (Nand Prabha Shukla,J.)




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