Asheesh Singh Alias Asheesh Singh Chauhan and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Court No. - 12 Case :- APPLICATION U/S 482 No. - 9346 of 2023 Applicant :- Asheesh Singh Alias Asheesh Singh Chauhan And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Saubhagya Mishra,Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Case called out. None appears on behalf of the applicants to press the application. Heard learned A.G.A. for the State.

¶2On 26.09.2023, following order was passed. "1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶2Present application has been filed by the applicants for quashing the charge sheet dated 22.02.2021 in Case Crime No.3/2021 under Section 498A, 323 and 506 I.P.C. and 3/4 of D.P. Act, P.S.- Akhand Nagar, District-Sultanpur as well as summoning order dated 09.04.2021 passed by Additional Civil Judge/Judicial Magistrate, Court No.29, Sultanpur in Case No.888 of 2022.

¶3Learned counsel for the applicants submitted that the prosecution is a result of some matrimonial dispute as marriage of applicant no.1 was solemnized with respondent no.3 on

02.03.2016 and due to some trivial matrimonial issues, F.I.R. of case in question was lodged by respondent no.2 (father of respondent no.3). He further submitted that there might be possibility of settlement of dispute if the matter be referred to Mediation and Conciliation Centre of this Court.

¶4Learned A.G.A. does not dispute this fact that the prosecution is a result of some matrimonial dispute and he has no objection on the matter being referred to the Mediation and Conciliation Centre of this Court.

¶5Considering the submissions of learned counsel for the parties, going through the contents of application as well as other relevant documents, as it is evident that the prosecution is a result of some matrimonial dispute, therefore matter requires consideration.

¶6List this case on 20.11.2023.

¶7Issue notice to private respondents returnable at an early date.

¶8On the next date, applicant no.1 and respondent no.3 shall appear in person before this Court.

¶9Applicant is directed to deposit Rs.25,000/- (Twenty five thousand rupees) before the Senior Registrar of this Court within a period of ten days from today.

¶10No coercive steps be taken against the applicant till the next date of listing.

¶11In case, the aforesaid amount is not deposited within the stipulated time, the interim protection will not be available to the applicants."

¶3OfÏce vide report dated 31.10.2023, has reported that steps are not filed by the learned counsel for the applicants. It is also evident from the record that the applicants were also directed to deposit Rs.25,000/- before the Senior Registrar of this Court within a period of 10 days from the date of the order, but the same has also not been complied with.

¶4In view of above facts and circumstances, it is evident that the applicants, after obtaining interim protection, have deliberately flouted the directions of this Court. The present application is liable to be dismissed and is hereby dismissed. Interim order is hereby vacated.

¶5OfÏce is directed to communicate this order to the court below, forthwith. Trial court is also directed to proceed with the matter in accordance with law. Order Date :- 20.11.2023 VKS High Court of Judicature at Allahabad, Lucknow Bench