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Mohd. Anzar and Others v. State of U.P. and Another

Dismiss other than merit(DD/Non Prosec./Abated)
Court
High Court of Judicature at Allahabad
Decided
30 October 2023
Case no.
A482 5327/2009

Judgment

Court No. - 92 Case :- APPLICATION U/S 482 No. - 5327 of 2009 Applicant :- Mohd. Anzar And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Singh Pundir Counsel for Opposite Party :- Govt.Advocate Hon'ble Anish Kumar Gupta,J.

¶1None is present on behalf of the applicants to press the instant application.

¶2The instant application has been filed seeking quashing of the complaint case no. 1170/9 of 2007, Smt. Rukaiya Vs. Mohd. Anzar, under Section 406 IPC, P.S. Jhinjhana, district Muzaffarnagar, pending before A.C.J.M. Kirana.

¶3Vide order dated 16-03-2009 the matter was referred to the mediation center of this Court on deposit of Rs. 9,000/- by the applicants. From the perusal of the office report dated 31-03-2011 it appears that the applicants have failed to deposit the aforesaid amount of Rs. 9,000/-, therefore, mediation proceedings could not be initiated in the instant case. Therefore, it appears that the applicants have defrauded the Court and got the interim order without any intent to go for mediation.

¶4In view thereof, the instant application is wholly misconceived and the applicants were not serious enough in prosecuting the instant application and no body is present to press the instant application, therefore, the instant application is dismissed for want of prosecution as well as for the conduct of the applicants in the instant case as they have defrauded the Court and got the interim order without any intent to go for mediation. Order Date :- 31.10.2023 pks High Court of Judicature at Allahabad

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.