Jan Mohammad and Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 9352 of 2023 Applicant :- Jan Mohammad And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Mohd.Yasin,Haider Abbas Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Vakalatnama filed by Shri Akhtar Hussain, Advocate on behalf of respondent no. 2 is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel appearing for respondent no. 2.

¶3On 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 10.02.2023 in Case Crime No.0053 of 2022 under Sections 498A, 323, 504, 506 of I.P.C., P.S.- Kakori, District-Lucknow as well as summoning order dated

19.05.2023 passed by Additional Chief Judicial Magistrate-VI, Lucknow.

¶3Learned counsel for the applicants submitted that the prosecution is a result of some matrimonial dispute between as marriage of applicant no.1 was solemnized with respondent no.2 on 07.01.2015 and due to some trivial matrimonial issues, F.I.R. of case in question was lodged. 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 respondent no.2 returnable at an early date.

¶8On the next date, applicant no.1 and respondent no.2 shall appear in person before this Court.

¶9Applicant no.1 is directed to deposit Rs.25,000/- (Twenty five thousand rupees) before the Senior Registrar of this Court within a period of two weeks from today.

¶10No coercive steps be taken against the applicants 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."

¶4In pursuance of the aforesaid order, applicant no. 1 as well as respondent no. 2 are present before this Court and have been duly identified by their respective counsel.

¶5It is evident from the record that on 26.09.2023, a direction was issued to the applicants to deposit Rs.25,000/- before the Senior Registrar of this Court, but the same has not been complied with by the applicant.

¶6It is submitted by the learned counsel for the applicants that the amount is exorbitant and the applicants were unable to deposit the same.

¶7It appears that after obtaining interim protection by this Court, the applicants are flouting the directions issued vide aforesaid order. It is also evident from the record that the charge sheet has been filed after detail investigation and the evidence collected by the Investigating OfÏcer cannot be evaluated in the present proceedings.

¶8In view of above facts and circumstances, this Court is of the view that the present application is liable to be dismissed and is hereby dismissed. Interim order is hereby vacated.

¶9OfÏce is directed to communicate this order to the court below, forthwith.

¶10Trial 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