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2025 DAILYLAW 136466 (ALL)

SHIVA KANAUJIYA AND 6 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/3515/2025 · 2025-05-14

Ajai Kumar Srivastava I, Attau Rahman Masoodi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28266-DB Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 3515 of 2025 Petitioner :- Shiva Kanaujiya And 6 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Satyendra Singh Counsel for Respondent :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. On 07.05.2025, a Co-ordinate Bench of this Court had passed the following order : "Heard learned counsel for the petitioners and learned A.G.A. for the State. By means of this petition, petitioner has prayed for certiorari quashing the impugned F.I.R. dated 08.04.2025, lodged as F.I.R./Case Crime No.0183 of 2025 under Sections 85, 115(2), 75(2), 351(2), BNS., 2023 and SEction 3/4 D.P. Act, at Police Station Thakurganj, District Lucknow. Learned counsel for the petitioners submits that the petitioners are willing to settle the matter through mediation and to show their bona fide, the petitioner no.1 has placed before this Court a bank draft of Rs.35,000/- drawn in favour of opposite party no.4 has been prepared. In order to ascertain the willingness of opposite party no.4, let the Station House Officer, Police Station Thakurganj, District Lucknow ensure the presence of opposite party no.4 before this Court on 14.05.2025. List this case on 14.05.2025 within top ten cases. On the said date, petitioners shall produce the draft on the next date." Today when the case was called out, no one has put in appearance on behalf of the petitioners nor there is any request for adjournment of the case. Even the bank Draft of Rs.35,000/-, which was required to be presented before this Court, has not been furnished. In these circumstances, the bank draft mentioned in the aforementioned order has not been established by the petitioners. The respondent no.4 present in the Court is a student of B.A. Part-II and is also taking care of a minor child aged 10 months. The victimization of respondent no.4 is apparent. This Court had provided the petitioners with an opportunity to settle the matrimonial dispute amicably but having failed to present the bank draft of Rs.35,000/- or appear before this Court in person or through counsel, we do not find that the petitioners had any bona fides intention to enter into an amicable settlement. The police authorities shall escort the respondent no.4 back to her home and proceed in the matter actively, in accordance with law. The writ petition is dismissed for want of prosecution. (A. K. Srivastava-I,J.) (A. R. Masoodi,J.) Order Date :- 14.5.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench