Vaheed @ Vaheed Khan v. State of U.P. Thru. Secy. Home Lko. and 2 Others

Court No. - 12 Case :- CRIMINAL REVISION No. - 1194 of 2023 Revisionist :- Vaheed @ Vaheed Khan Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 2 Others Counsel for Revisionist :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the record.

¶2Present revision has been moved by the revisionist for quashing the judgment and order dated 18.08.2023 passed by Principal Judge, Family Court, Sitapur in Criminal Misc. Case No.1258 of 2019; Smt. Khusbun Nisha V. Vaheed.

¶3Learned counsel for the revisionist submitted that on the basis of incorrect facts, complaint case 7996 of 2021 under Section 498A I.P.C. and 4 D.P. Act, P.S. Hargaon, District-Sitapur was filed by respondent no.2 before Judicial Magistrate-II, Sitapur in the aforesaid case and the matter has been referred to the Mediation Centre, Sitapur which is pending before the Mediation Centre of Civil Court, Sitapur and till the decision of the aforesaid mediation, the proceedings of the present case may be stayed.

¶4Learned A.G.A. opposed the prayer of revisionist and submitted that the order passed by Judicial Magistrate-II, Sitpuar on 03.06.2023, by which the matter was referred to the Mediation Centre, be placed before the Court below in the impugned proceedings and the same cannot be stopped at this stage by this Court, therefore, revision is liable to be dismissed.

¶5Considering the submissions of learned counsel for the parties, going through the contents of revision, as well as other relevant documents, as it is evident from the record that vide order dated 03.06.2023 passed by Judicial Magistrate-II, Sitapur in complaint case no.7996/2021 the controversy between the parties was referred to the Mediation Centre of Civil Court, Sitapur which is pending, therefore, revision is disposed of with the direction that in case, the revisionist submits any application before the Court below in the impugned proceedings, then the same shall be considered and decided considering the order dated 03.06.2023 passed by Judicial Magistrate-II, Sitapur in complaint case no.7996/2021 (supra). Order Date :- 30.10.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench