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Govind Kumar and 4 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Another

Dismissed on merits/Rejected
Court
High Court of Judicature at Allahabad
Decided
13 December 2023
Bench
Rajeev Singhauthor
Case no.
11273/2023

Judgment

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11273 of 2023 Applicant :- Govind Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Vinod Kumar Singh Counsel for Opposite Party :- G.A.,Ayush Tandon (Amicus Curie) Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants 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 proceeding arisen out of Case Crime No.095/2023 under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Khandasa, District Ayodhya.

¶3On the last date, learned counsel for the applicant submitted that there is a possibility of settlement in case matter is sent to the mediation center, thereafter, notice was issued and the order was passed for depositing Rs.25,000/- before the Senior Registrar.

¶4Today, parties are present and they have been duly identified by their respective counsels.

¶5Learned counsel for the applicant informs that applicant no.1 is unable to deposit the requisite amount as ordered earlier by this Court, as now he is pursuing masters, therefore, he is unable to deposit the amount.

¶6Learned counsel for the applicant has submitted that on the basis of incorrect facts, F.I.R. was lodged and all the family members have been dragged in the criminal prosecution, therefore, indulgence of this Court is necessary.

¶7Learned A.G.A. opposed the prayer of the applicant and submitted that after detail investigation, charge sheet has been filed. He further submitted that as applicant deliberately violated earlier order of this Court, therefore, applicants are not entitled to get any relief.

¶8Considering the submissions of learned counsel for the parties, going through the record, it is evident that on 16.11.2023 on the request of learned counsel for the applicant, presence of the private respondent was ordered with a direction to applicant to deposit Rs.25,000/- but the same has not been deposited, as the private respondent is also maintaining her child on her own, therefore, present application under Section 482 Cr.P.C. is liable to be rejected.

¶9Accordingly, the present application under Section 482 Cr.P.C. is dismissed.

¶10Trial court is directed to conclude the trial expeditiously

without

giving

unnecessary adjournment to either of the parties. Order Date :- 13.12.2023 Gaurav/- 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.