Vinod Prajapati @ Vinod Kumar B Prajapati v. State of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10611 of 2023 Applicant :- Vinod Prajapati @ Vinod Kumar B Prajapati Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Civil Sectt. Lko. And Another Counsel for Applicant :- Sandeep Kumar Pandey,Shitla Prasad Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1On 31.10.2023, following order was passed: "1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.

¶2This application has been filed for quashing the order dated 31.07.2023 passed in Complaint Case No. 933 of 2022 (Meenu Prajapati Vs. Vinod Prajapati & Ors.), under Sections 498-A, 323, 506 I.P.C., P.S. Mahila Thana, District Faizabad.

¶3It is submitted that marriage of applicant was solemnized with respondent no. 2 and were enjoying their matrimonial life, but due to some trivial issues in between them, a F.I.R. No. 31 of 2020, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act was lodged by respondent no. 2, in which, after investigation, final report was submitted. It is further submitted that thereafter, protest petition was filed, which was treated as a complaint case. Learned counsel for the applicant also submits that there is every possibility that the matter can be resolved, in case, the matter is sent to the Mediation Center of this Court.

¶4Learned A.G.A. has no objection, in case, the matter is sent for Mediation Center of this Court.

¶5Considering the arguments advanced by the learned counsel for the applicant as well as learned A.G.A. and going through the contents of F.I.R., complaint case and other relevant documents, it is evident that the issue in question arises due to matrimonial dispute and, therefore, it is appropriate to send the matter to the Mediation Center of this Court.

¶6Issue notice to respondent no. 2.

¶7List this case on 18.12.2023, on which date, applicant and respondent no. 2 shall remain present before this Court.

¶8Applicant is directed to deposit a sum of Rs.20,000/- before the Senior Registrar of this Court within two weeks from today.

¶9Till the next date of listing, no coercive steps shall be taken against the applicant.

¶10In case, the applicant fails to deposit the amount, as aforesaid, this interim order shall automatically stand vacated."

¶2Neither applicant nor his counsel has put in appearance before this Court and amount of Rs.20,000/- is also not deposited by the applicant before this Senior Registrar as directed to him in earlier order. As it is evident that applicant has deliberately flouted the order of this Court, therefore, he is not entitled to get any relief.

¶3Accordingly, the application is dismissed and the interim order, granted earlier, is hereby vacated. Order Date :- 18.12.2023 V. Sinha High Court of Judicature at Allahabad, Lucknow Bench