Badri Narayan Tiwari and 6 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 9349 of 2023 Applicant :- Badri Narayan Tiwari And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- G.A.,Kedar Nath Mishra Hon'ble Arun Kumar Singh Deshwal,J. Heard Sri Akhilesh Singh, learned counsel for the applicants and Sri Kedar Nath Mishra, learned counsel opposite party No.2. The present application has been filed u/s 482 Cr.P.C. for quashing of the summoning order dated 20.04.2018 passed by Judicial Magistrate, Court No.22, Deoria in Complaint Case No.862 of 2019 (Usha Devi Vs. Rajesh), under Sections 498-A, 323, 494 I.P.C., Police Station Gauri Bazar, District Deoria as well as the entire proceedings of aforementioned complaint case now pending in the Court of Judicial Magistrate/F.T.C.-II, Deoria This Court by order dated 21.3.2023, referred this matter to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit Rs. 25,000/-, considering the fact that the matter is matrimonial in nature. However, despite expiry of more than seven months, aforesaid amount was not deposited before the Mediation Centre. Learned counsel for the applicants submits that he does not want to press the prayer for quashing the criminal proceeding and the applicants want to surrender and apply for bail before the court below, therefore, necessary directions may be issued for expeditious disposal of their bail application. Considering the aforesaid submission, the present application is disposed of with a direction that if the applicants surrender and move an application for bail before the court below within three weeks from today, then their application shall be considered in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and Another, (2021) 10 SCC 773. For a period of four weeks or till disposal of the bail application, whichever is earlier, no coercive action shall be taken against the applicants. Order Date :- 30.10.2023 Vandana High Court of Judicature at Allahabad