Shakeel Ahmad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10978 of 2023 Applicant :- Shakeel Ahmad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Akhtar Husain Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Case called out. No one has put in appearance for applicants.

¶2On 07.11.2023, the following order was passed:- "1. Heard learned counsel for applicants as well as learned AGA.

¶2The present application under Section 482 has been filed with the prayer to quash the criminal proceedings of Complaint case no.7293 of 2021, Under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act and 3/4 of M.W.P. Act, P.S.- Manpur, District-Sitapur as well as summoning order dated 23.04.2022.

¶3Learned counsel for applicant submits that the marriage of applicant no.1 was solemnized with the private respondent but due to some trivial issues prosecution in question was initiated on the basis of incorrect facts and chargesheet has been filed. It is also submitted that there is a possibility of settlement of dispute in between the parties, in case, the matter is sent in Mediation and Conciliation Centre of this Court.

¶4Learned AGA does not dispute this fact that the prosecution has arisen due to some matrimonial dispute and he has no objection in case the matter is sent for mediation to the Mediation and Conciliation Centre of this Court.

¶5Considering submission of rival parties and going through the contents of petition as well as other relevant documents as impugned proceedings is initiated due to some matrimonial dispute, therefore, possibility of settlement cannot be ruled out at this stage.

¶6Issue notice to the private respondent.

¶7List this case on 20.12.2023.

¶8On the next date, applicants as well as private respondent shall appear in person before this Court.

¶9Applicants are directed to deposit a sum of Rs. 25,000/- before Senior Registrar of this Court within three weeks from today.

¶10Till the next date of listing, no coercive steps be taken against the applicants in pursuance of the impugned proceedings.

¶11In case, the aforesaid amount is not deposited by applicants within stipulated period then the protection of interim order will not be available to them."

¶3It is evident from the record that the earlier order dated

07.11.2023 has not been complied with, therefore, petition is dismissed.

¶4Interim order granted earlier is vacated.

¶5Office is directed to communicate this order to learned Court below. Order Date :- 20.12.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench