- Court
- High Court of Judicature at Allahabad
- Decided
- 20 November 2023
- Bench
- Rajeev Singh
- Case no.
- 9502/2023
Judgment
Court No. - 12 Case :- APPLICATION U/S 482 No. - 9502 of 2023 Applicant :- Vineet Arora Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another Counsel for Applicant :- Amar Nath Dubey,Anil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
¶1Vakalatnama filed by Shri Pramod Kumar Singh, Advocate on behalf of respondent no. 2 is taken on record.
¶2On 04.10.2023, following order was passed. "1. Heard learned counsel for the applicant 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 Criminal Misc. Case No.264/2022, arising out of Case Crime No.47/2018, under Sections 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Sultanpur.
¶3Learned counsel for the applicant submits that marriage of the applicant was solemnize with the private respondent on
20.1.2017 but due to some trivial issues, private respondent left the house of the applicant and lodged F.I.R. in question and petition under Section 13 of Hindu Marriage Act was filed, in which, a compromise dated 9.1.2020 was filed but another F.I.R.No.613/2020 was lodged on 9.10.2020 at Police Station Kareli, Prayagraj, in the meantime, charge-sheet was filed by the Investigating OfÏcer in the present case. He further submits that there is a possibility of settlement in case matter is sent to the mediation center of this Court.
¶4Learned A.G.A. opposed the prayer of the applicant but he does not dispute this fact that the case 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, as the prosecution case is a result of matrimonial dispute, therefore, possibility of settlement cannot be ruled out. Matter requires consideration.
¶6Issue notice to the private respondent.
¶7List this case on 20.11.2023.
¶8On the next date, applicant as well as private respondent shall appear before this Court.
¶9Till the next date, no coercive action shall be taken against the applicant.
¶10The applicant is directed to deposit the amount of Rs.25,000/- before Senior Registrar of this Court within ten days from today.
¶11In case, the aforesaid amount is not deposited by the applicant, then interim protection will not be available to the applicant."
¶3Shri A.N. Dubey and Shri Anil Kumar Yadav, learned counsel appearing for the applicant informs that the applicant is not in their contact. It is also informed that in pursuance of the earlier order, Rs.25,000/- was also not deposited.
¶4In view of above facts and circumstances, this Court is of the view that the applicant, after obtaining interim protection, has flouted the order of this Court.
¶5The application is liable to be dismissed and is hereby dismissed. Interim order is hereby vacated.
¶6OfÏce is directed to communicate this order to the court below, forthwith.
¶7Trial 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
Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.