PRADEEP KUMAR SAINI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/33686/2024 · 2025-05-05
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102810 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:73226 Court No. - 73 Case :- APPLICATION U/S 482 No. - 33686 of 2024 Applicant :- Pradeep Kumar Saini And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Pandey Counsel for Opposite Party :- Abhishek Trivedi,G.A. Hon'ble Vikas Budhwar,J.
1. Heard.
2. This is an application filed U/s 482 Cr.P.C. for quashing the complaint dated 19.07.2022 as complaint case no. 557 of 2022 (Radha Devi vs. Pradeep Kumr and Ors) U/s 498A, 323 IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Shahjahanpur as well as summoning order dated 16.12.2022.
3. This Court on 03.10.2024 proceeded to pass the following
order:
"1. Heard Sri Arun Kumar Pandey, learned counsel for the applicants and Sri Anish Kumar Upadhyay, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 557 of 2022 (Radha Devi vs. Pradeep Kumar and others), under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, P.S. Kotwali, district Shahjahanpur. 3. Learned counsel for the applicants submitted that there is every likelihood that the said dispute could be settled, if the matter is referred to the Mediation Centre of Allahabad High Court. 4.Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way. 5. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute. 6. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs.25,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within two weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no.2. Out of Rs. 25,000/-, Rs. 10,000/- shall be payable to the opposite party no.2 on her first appearance, and Rs. 10,000/- shall be paid to opposite party no.2 on her second appearance before the Mediation and Conciliation Centre or on settlement of dispute, whichever is earlier and the remaining Rs. 5,000/- shall be payable to the Mediation and Conciliation Centre. 7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties. 8. Thereafter, the case shall be listed on 21.01.2025 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court. 9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicants in pursuance of the Complaint Case No. 557 of 2022 (Radha Devi vs. Pradeep Kumar and others), under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, P.S. Kotwali, district Shahjahanpur. 10.
However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court. "
4. There is an office report dated 06.05.2025 that mediation center report is on record. 5. On perusal of the Allahabad High Court Mediation and Conciliation Centre settlement report dated 09.05.2025 reveals that the parties are happily lived together with their own sweet will and they have no differences at all. 6. Learned AGA submits that nothing remains to be proceeded further and the proceedings be quashed. 7. Looking into the facts and circumstances of the case and in view of the law laid down by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303 and in the case of State of Madhya Pradesh vs. Laxmi Narayan, this Court exercise its power under Section 482 Cr.P.C. while quashing the present proceedings. Accordingly the present application stands allowed. 8. The proceeding of complaint dated 19.07.2022 as complaint case no. 557 of 2022 (Radha Devi vs. Pradeep Kumr and Ors) U/s 498A, 323 IPC and Section 3/4 D.P. Act, P.S. Kotwali, District Shahjahanpur as well as summoning order dated 16.12.2022 against the applicants are hereby quashed.
Order Date :- 6.5.2025 /C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad