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2025 DAILYLAW 120826 (ALL)

MOHIT KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/1092/2025 · 2025-03-24

Alok Mathur

body2025

Judgment text

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Court No. - 12 Case :- APPLICATION U/S 482 No. - 1092 of 2025 Applicant :- Mohit Kumar And 4 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Nutan Thakur,Deepak Kumar,Geeta Rani Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Smt Snehlata has been counseled by this Court and requested to accede to the request for mediation. But despite all efforts of this Court, she has declined to participate in the mediation process stating that mediation between the parties has been held on numerous occasions at the behest of the trial court and no solution has been emerged therefrom. It is in the aforesaid circumstances, as she has declined to participate in the mediation and hence, no fruitful purpose will be served by sending the parties for the mediation. 2. The perusal of the ordersheet also indicates that the petitioner in order to show his bonafide has deposited an amount of Rs.30,000/- in the Mediation and Conciliation Center of this Court. 3. Considering that the opposite party no.2 has declined for mediation, let the amount of Rs.30,000/- be refunded to the petitioner on his application being made to the Mediation and Conciliation Center of this Court. 4. The present application U/S 482 Cr.P.C. has been filed for quashing the order dated 09.10.2024 passed by the court of learned Chief Judicial Magistrate, Hardoi in Criminal Complaint No.1808 of 2024, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Thana - Pihani, District - Hardoi as well as to quash the whole criminal proceedings of the aforesaid complaint, pending before the Chief Judicial Magistrate, Hardoi. 5. Learned counsel for applicant, after arguing the matter at some length, submits that grievance of applicant shall be substantially redressed in case applicant is granted liberty to file a bail application before the Court concerned, which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021". 6. Learned A.G.A. has no objection in case suitable directions are issued to the Court concerned to consider and decide the applicant's application for bail in view of the law laid down by the Apex Court in the case of Satender Kumar Antil (supra). 7. In view of the above, prayer for quashing the impugned proceeding is refused. So far as other prayer is concerned, it is provided that in case the applicant appears before the trial Court within two weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by Supreme Court in Satender Kumar Antil's case (supra). 8. The application is accordingly disposed of. [Alok Mathur,J.] Order Date :- 24.3.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench