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2025 DAILYLAW 106016 (ALL)

TEJPAL AND 3 OTHERS v. State of U.P. AND ANOTHER

A482/37359/2024 · 2025-07-07

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106931 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.2) Court No. - 78 Case :- APPLICATION U/S 482 No. - 37359 of 2024 Applicant :- Tejpal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Kumar Yadav Counsel for Opposite Party :- G.A.,Mahendra Singh Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Vipin Kumar Yadav, learned counsel for the applicants and Sri Rakesh Kumar Gupta, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 04.10.2023, passed in Criminal Misc. Case No. 8903 of 2023 (Satyendra vs. Tejpal and Others) under Sections 406, 323 I.P.C., P.S.- Usawan, District- Budaun, pending in the court of learned Additional Civil Judge (J.D.)/Judicial Magistrate Room No. 4, Budaun. 3. Learned counsel for the applicants submits that the opposite party no.2 is the husband of the daughter of the applicant no.1 and 2. There was a matrimonial dispute and in connection with the same an F.I.R. was lodged by the daughter of the applicants no. 1 and 2 against the opposite party no.2 and other family members. As a counterblast to the same, the instant complaint case has been lodged by the opposite party no.2 on the basis of a concocted story of an incident dated 12.05.2022. Further, the complaint has been lodged one year after the said incident, that itself speaks for the falsity of the complaint. Since, it is arising out of a matrimonial dispute between the daughter of the applicants no.1 and 2 and the opposite party no.2, in view thereof, it will be appropriate to direct the trial court to refer the matter before the mediation so that the matrimonial dispute between the parties could be settled. 4. In view of the aforesaid prayer made by the applicants the instant application is disposed of with direction to the trial court to refer the dispute to the Mediation Centre, if such request is made by the applicants before the trial court alongwith the certified copy of this order. Order Date :- 8.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad