Anil Kumar Gupta and 3 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 42435 of 2023 Applicant :- Anil Kumar Gupta And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. The applicants are aggrieved against the impugned orders dated 17.03.2023 and 10.04.2023 passed by the Magistrate, whereby in a complaint brought by respondent no.2 bearing Case No.908 of 2018 under Sections 498-A, 323, 406 IPC read with Section 3/4 Dowry Prohibition Act, 1961, the process has been against them. Learned counsel for the applicants submits that the originally complaint was filed in 2018. However, the same was set aside by this Court with a direction to the court to pass a fresh summoning order. He submits that after remand, the court has reiterated the previous order by issuing process against the applicants. Apart from the above, learned counsel further states that the applicants are willing to amicably settle the dispute with the complainant and the parties be relegated to the Mediation and Conciliation Centre of this Court. After hearing the submissions of the learned counsel and considering the nature of the impugned order, this Court finds that the order under challenge is revisable and since the parties are residing at Agra, it would be convenient for them to enter into process of settlement at the Mediation Centre, Agra. Thus, without commenting anything on the merits of the case, this Court is not inclined to exercise inherent powers under Section 482 CrPC as the grounds raised in this application can be effectively raised by the applicants by invoking the revisional jurisdiction before the Court of Sessions. Accordingly, this application u/s482 stands disposed of. Order Date :- 21.11.2023 Priya High Court of Judicature at Allahabad