HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35120 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Martand Kumar, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to allow this application and quash the entire proceedings of Case No. 2978 of 2023 (State v. Mukesh Kumar and Others) arising out of Case Crime No. 0435 of 2023 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station-Sihani Gate, District-Ghaziabad and charge-sheet dated 09.08.2023, cognizance order/summoning order dated 09.11.2023 passed by learned Additional Civil Judge (Senior Division), Court No. 3, Ghaziabad in Case No. 2978 of 2023 (State v. Mukesh Kumar and Others) arising out of Case Crime No. 0435 of 2023 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station-Sihani Gate, District-Ghaziabad, pending in the Court of learned Additional Chief Judicial Magistrate-III, Ghaziabad. 3. Learned counsel for the submits that the order taking cognizance dated 09.11.2023 has been passed without application of mind as the applicant No. 3 has been charge-sheeted only under Sections 498A IPC and 3/4 D.P. Act but the summoning order has been passed under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, which is an abuse of process of the law. 4. Accordingly, the order dated 09.11.2023 passed by learned Additional Civil Judge (Senior Division), Court No.3, Ghaziabad is hereby set aside and the matter is remitted back to the Court concerned to passed a fresh order, as Versus Counsel for Applicant(s) : Martand Kumar Counsel for Opposite Party(s) : G.A. Mukesh Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) expeditiously as possible, preferably within a period of six weeks from the date of the certified copy of this order is produced before the Court. 5. Learned counsel for the applicants further states that the matrimonial dispute between the parties was referred to the Mediation Centre of this Court vide order dated 02.12.2024 and the applicant had deposited the mediation amount of Rs. 15,000 in favour of the Registrar General, Allahabad High Court Mediation and Conciliation Centre. As the opposite party No. 2 did not appear for the mediation, Registrar General is directed to return the said amount to applicant No. 1 at the earliest. 6. With the aforesaid observations, present application is allowed. May 6, 2026 Aditya Tripathi A482 No. 35120 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad