LAXMAN SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/42508/2024 · 2025-07-30
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110409 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110409 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128508 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 4) Court No. - 78 Case :- APPLICATION U/S 482 No. - 42508 of 2024 Applicant :- Laxman Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Santosh Kumar Yadav, learned counsel for the applicants and Sri Yogendra Singh, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. seeking quashing of the summoning order dated 13.10.2023 passed by Civil Judge (Senior Division)/Fast Track Court/Additional Chief Judicial Magistrate, Mathura in Complaint Case No. 31229 of 2022 (Govind vs. Laxman Singh & others) under Section 323, 452, 506, 379 IPC, Police Station-Farah, District-Mathura. 3. Learned counsel for the applicants submits that the applicant no. 3 and opposite party no. 2 are the wife and husband, respectively. There is matrimonial dispute and in pursuance whereof the applicant no. 3 has filed various proceedings against the opposite party no. 2 and his family members. As a counterblast to the same, the instant complaint has been lodged by the opposite party no. 2. Since it is a matrimonial dispute, learned counsel for the applicants submits that if the matter is referred to the mediation centre, there is a possibility of settlement of all disputes between the parties. Since from the allegations as leveled in the instant complaint case filed by the opposite party no. 2, a prima facie case is made out against the applicants, this Court do not find any good ground to quash the proceedings against the applicants. 4. Accordingly, the instant application is disposed of with a direction to the applicants to appear before the trial court concerned within a period of two weeks from today and make a request before the trial court concerned for referring the dispute to the Mediation Centre attached to the District Judgeship, Mathura,
so that all the disputes between the parties are settled amicably. 5. If the applicants appear before the trial court within a period of two weeks and make such a request, the same shall be granted by the trial court concerned and if the matter is settled in Mediation Centre, the proceedings of the instant case be decided in terms of the said settlement.
If there is no settlement, the trial court shall proceed in accordance with law in the instant case. 6. In view of the aforesaid, for a period of two weeks from today, no coercive steps shall be taken against the applicants. If the applicants appear before the trial court within two weeks from today and the matter is referred to the Mediation Centre, then till the pendency of mediation proceedings, no coercive steps shall be taken against the applicants. 7. If the applicants fail to appear before the trial court concerned within a period of two weeks from today, as directed above, the trial court shall proceed against the applicants in accordance with law. Order Date :- 31.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad