Hon’ble Abhinava Upadhya, J.—By means of this writ petition the petitioners have challenged the order of the Principal Judge, Family Court, Allahabad dated [19.11.2011]1.

2. The brief facts of the case are that a marriage was solemnized between the petitioner No. 1 and petitioner No. 2 on [7.7.2007]1. Unfortunately, differences arose between them and a suit being Suit No. 181 of 2009 for dissolution of marriage under Section 13 (1)(a) of the Hindu Marriage Act, 1955 (in short the Act) was filed by the wife-petitioner No. 2 before the Family Court, Allahabad, seeking dissolution of marriage on account of cruelty by the husband and constant demand of dowry. Simultaneously, other cases were also filed under Section 498-A, 323, 504, 506 and 509 IPC and also under Section 3/4 of Dowry Prohibition Act, 1961.

3. The allegations and the counter allegations ensued and an FIR was also lodged against the husband-petitioner No. 1, which led to filing of an application under Section 482 Cr.P.C. for quashing of the FIR being Application No. 28220 of 2008.

4. This Court vide order dated 19.2.2010 referred the matter to the Mediation & Conciliation Centre, High Court, Allahabad. Before the Mediation Centre both the parties appeared and in presence of a neutral mediator, arrived at a compromise wherein both the parties decided to obtain a decree of divorce by mutual consent on the condition of permanent alimony of Rs. 3,00,000/- to be paid to the wife. Both the parties agreed that the compromise be treated as their consent for mutual divorce and shall be free to take formal decree of divorce through the divorce petition, which was already pending before the Family Court. Both the parties agreed to withdraw all the cases filed by them against each other. Both the parties agreed that they will not harass each other either mentally, physically or socially and both the parties agreed that all civil and criminal cases filed against each other will be treated to be withdrawn. The said compromise as endorsed by the Mediation Centre by settlement order dated 23.3.2010 (Annexure-1 to the writ petition) and was placed on record in the application under Section 482 Cr.P.C.

5. This Court vide order dated 26.10.2010 passed the following order, operative portion of which is quoted below:

“In view of the submission of the learned counsel for the parties, the above mentioned petitions are being disposed of finally with the observation that parties will move withdrawal/compounding application of their cases in view of the settlement agreement before the Court concerned who will dispose of their applications keeping in view the fact that parties have already settled their dispute before the Mediation and Conciliation Center, Allahabad.”

6. Pursuant to the aforesaid compromise and the direction of this Court, a joint application was moved before the Court below in Suit No. 181 of 2009 showing the intention of the parties that they have mutually agreed for divorce and in terms of the compromise they are ready to perform their part of compromise. The said application was filed on 17.4.2010. The order sheet filed as Annexure-8 to the writ petition, reveals that the Court accepted the compromise of the parties alongwith an application, which was registered as document 10-A and directed the matter for disposal on 7.5.2010.

7. Thereafter, on several occasions, the case was listed, however, in spite of the direction of this Court dated 26.10.2010 and in spite of intention of the parties to seek a decree of divorce by mutual consent, no orders were being passed, which led to filing of the writ petition being Writ Petition No. 1525 of 2011 under Article 227 of the Constitution of India with the prayer that the Family Court be directed to decide Suit No. 181 of 2009 on the basis of compromise arrived at between the parties, which was already filed before the Family Court alongwith an application which was registered as 10A dated 17.4.2010.

8. It is relevant to not