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2025 DAILYLAW 105370 (ALL)

SMT NISHA RANI v. State of U.P. AND ANOTHER

A482/35916/2024 · 2025-07-06

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105787 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.16) Court No. - 78 Case :- APPLICATION U/S 482 No. - 35916 of 2024 Applicant :- Smt Nisha Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra,Rishabh Tiwari Counsel for Opposite Party :- Ankit Tyagi,G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Rishabh Tiwari, learned counsel for the applicant, Sri Ankit Tyagi, learned counsel for the opposite party no.2 and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 02.04.2024 passed in Complaint Case No. 987 of 2023 under Sections 500 I.P.C., Police Station - Kaushambi, District- Ghaziabad, pending in the court of learned Additional Civil Judge (J.D.)/ Judicial Magistrate, Court No. 3, Ghaziabad. 3. Learned counsel of the applicant submits that the applicant herein is the wife of the brother-in-law of the opposite party no.2. There was a matrimonial dispute between the applicant and her husband. In connection therewith, the cases have been filed against each other. Therefore, as a counterblast to the said matrimonial dispute between the applicant and the husband, the instant complaint case has been filed by the opposite party no.2 against applicant herein, wherein she has been summoned for the offence under Section 500 I.P.C. 4. Learned counsel for the applicant further submits that there is a possibility of settlement of dispute between the parties if the matter is referred to the Mediation Centre attached to the trial court concerned. 5. Learned counsel for the opposite party no.2 also submits that the grievance of the opposite party no.2 is that false and frivolous allegation with regard to the character of the opposite party no.2 were made by the applicant herein, to make out the false allegations against her husband. If the applicant is willing to apologize before the opposite party no.2, then, the matter can be settled. 6. In view of the aforesaid submissions made by learned counsel for the parties the instant application is disposed of with a direction to the trial court concerned to refer the dispute before the Mediation Centre, as the offence under Section 500 I.P.C. is a compoundable offence. It is further stated that the applicant is already on regular bail, therefore, no further direction is required to pass any interim protection at this stage. On production of the certified copy of this order, the trial court shall refer the matter to the Mediation Centre so that the dispute can be settled between the parties amicably. Order Date :- 7.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad