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2025 DAILYLAW 104037 (ALL)

BHEEMSEN AND 4 OTHERS v. State of UP AND ANOTHER

A482/35593/2024 · 2025-07-17

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116453 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.9) Court No. - 78 Case :- APPLICATION U/S 482 No. - 35593 of 2024 Applicant :- Bheemsen And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Singh,Ram Kumar Dubey Counsel for Opposite Party :- G.A.,Ravindra Kumar Hon'ble Anish Kumar Gupta,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard Sri Ram Kumar Dubey, learned counsel for the applicants, Sri Ravindra Kumar, learned counsel for opposite party no.2 and Sri Statyendra Tiwari, learned AGA for the State. 3. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 18.05.2023 as well as the entire proceeding of Complaint Case No. 790 of 2022 (Smt. Gayatri Devi vs. Bheemsen and others) under Sections 406, 420, 323, 504, 506 IPC, P.S. Kotwali Hathras, District Hathras, pending in the court of Chief Judicial Magistrate, Hathras. 4. Learned counsel for the applicants submits that the opposite party no.2 is the daughter of applicant no.1. Since the daughter of applicant no.1 has filed various cases against her husband as well as opposite party no.2, as a counterblast to the same, the instant complaint has been lodged by the opposite party no.2. 5. Since, there is a matrimonial dispute between the parties, learned counsel for the applicants submits that if the matter is referred to the mediation centre attached to the District Court concerned, there is a possibility of settlement of all the matrimonial dispute between the parties. 6. In view of this prayer, the instant application is disposed of with a direction to the learned trial court concerned that if such a request is made by the applicants seeking referral of the matter of dispute before the mediation centre of District Court concerned, the same shall be accorded by the trial court looking at the bona fides of the parties with regard to their inclination to settle their dispute through mediation. Order Date :- 18.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad