Archit Dhuriya and 4 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 8976 of 2023 Applicant :- Archit Dhuriya And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Rahul Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Case called out. None appears on behalf of the applicants. Vakalatnama filed by Shri Anurag Singh, Advocate on behalf of respondent no. 2 is taken on record.

¶2On 15.09.2023, following order was passed. "1. Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present application under Section 482 Cr.P.C. is filed with the prayer to quash the entire proceeding of Complaint Case no.3219 of 2022, under Sections 498-A, 323, 504, 506 I.P.C., Police Station Kotwali Nagar, District Sitapur.

¶3Learned counsel for the applicants submits that marriage of the applicant no.1 was solemnized with the private respondent but due to some trivial issues, private respondent left the house of the applicant and on the basis of concocted facts, the complaint in question was filed and summoning order was issued. He further submits that the applicant no.2 to 5 are the in-laws of private respondent and there is a possibility of settlement in case matter is sent to the mediation center of this Court, therefore, indulgence of this Court is necessary.

¶4Learned A.G.A. opposed the prayer of the applicant but he does not dispute this fact that prosecution in question is a result of matrimonial dispute.

¶5Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that there is matrimonial dispute in between the parties and impugned proceeding is result of the same, therefore, possibility of settlement cannot be ruled out.

¶6Issue notice to the private respondents.

¶7List this case on 18.10.2023.

¶8On the next date, applicants as well as private respondent shall appear before this Court.

¶9Applicant is directed to deposit Rs.10,000/- before the Senior Registrar of this Court within ten days.

¶10Till the next date of listing, impugned proceeding shall remain stayed."

¶2In pursuance of the aforesaid order, private respondent no. 2 is present and has been duly identified by her counsel. However, the applicants are not present before this Court in pursuance of the aforesaid order.

¶3Shri Anurag Singh, learned counsel appearing for respondent no. 2 informs that he made a call to the learned counsel appearing for the applicants on his Mobile No.- 9839288307, who informed that the applicants are willing to apply for bail and do not want to pursue the present case.

¶4It is evident from the record that on the last date, on the request of the learned counsel for the applicants that the matter may be settled before the Mediation Center of this Court, a direction was also issued to the applicants to deposit a sum of Rs.10,000/-, but the record reveals that the aforesaid direction was also not complied with by the applicants.

¶5In view of above, the application is dismissed with cost of Rs.10,000/-, which shall be deposited by the applicants within one month from today before the Mediation Center of this Court.

¶6In case, the applicants fail to deposit the cost within the specified period, as directed aforesaid, District Magistrate, Lakhimpur Kheri shall recover the same as arrears of land revenue and transmit the same to the Mediation Center of this Court. Order Date :- 18.10.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench