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2025 DAILYLAW 105893 (ALL)

INTKHAB ALIAS INTKAB ALAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/36920/2024 · 2025-04-21

Vikas Budhwar

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Judgment text

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Neutral Citation No. - 2025:AHC:61308 Court No. - 73 Case :- APPLICATION U/S 482 No. - 36920 of 2024 Applicant :- Intkhab Alias Intkab Alam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.,Raees Ahmad,Santosh Kumar Singh Hon'ble Vikas Budhwar,J. 1. Heard Sri Amar Khan, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State and Sri Saurabh Kumar holding brief of Sri Raees Ahmad for the opposite party no. 2. 2. This application u/s 482 of Cr.P.C. has been filed for quashing the summoning order dated 21.09.2022 passed in Criminal Case No. 1147/2022 (Smt. Suraiya vs. Intkhab and others), under Sections 498A, 323 IPC read with Section 3/4 of D.P. Act and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Hasanpur, District Amroha, pending before the Court of learned Civil Judge (J.D.)/Judicial Magistrate, Hasanpur, Amroha This Court while entertaining the application on 05.11.2024 proceeded to pass the following orders.- "1. Heard Sri Amir Khan, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 21.09.2022 passed by learned Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, Amroha and entire criminal proceedings of Complaint Case No.1147 of 2022 (Smt Suraiya Vs. Intkhab and Others), under Sections 498-A, 323, IPC read with section 3/4 of Dowry Prohibition Act and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Hasanpur, District Amroha, pending before the court learned Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, Amroha. 3. Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court. 4. Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 35,000/- within two weeks from today with the Mediation Centre out of which Rs.30,000/- shall be paid to opposite party no.2 on appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses. 5. Issue notice to opposite party No.2. 6. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of one months. 7. List in the week commencing 16.12.2024. 8. It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in the aforesaid case, till the next date of listing. 9. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. 10. It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants." 3. There is a report of the Allahabad High Court Mediation Centre dated 02.03.2025 wherein the total amount so settled between the parties as per the settlement so arrived at between them was Rs. 7,50,000/-, Rs. 1,00,000/- have been paid in cash and Rs. 6,50,000/- through bank draft. Learned counsel for the applicants submits that now nothing remains to be further proceeded with. 4. Learned AGA as well as counsel appearing for the opposite party no. 2 have no objection according to them, the entire payment has been made and nothing remains to be further proceeded with. 6. Accordingly, the application is allowed. 7. The proceedings of Criminal Case No. 1147/2022 (Smt. Suraiya vs. Intkhab and others), under Sections 498A, 323 IPC read with Section 3/4 of D.P. Act and Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Hasanpur, District Amroha, pending before the Court of learned Civil Judge (J.D.)/Judicial Magistrate, Hasanpur, Amroha, be quashed. Order Date :- 22.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad