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2025 DAILYLAW 141186 (ALL)

HEMANT VERMA AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF /PRIN. SECY. DEPTT. OF HOME GOVT. OF U.P. LKO. AND ANOTHER

A482/4596/2025 · 2025-07-11

Rajnish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39848 Court No. - 12 Case :- APPLICATION U/S 482 No. - 4596 of 2025 Applicant :- Hemant Verma And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief /Prin. Secy. Deptt. Of Home Govt. Of U.P. Lko. And Another Counsel for Applicant :- Parth Anand,Nadeem Murtaza,Wali Nawaz Khan Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. Shri Vivek Kumar Dwivedi has filed his Power/ Vakalatnama on behalf of respondent no.2, which is taken on record. 2. In deference to the order dated 29.05.2025, petitioner no.1 and respondent no.2 are present in person. 3. The respondent no.2, on query being put, submits that she is not ready for mediation because earlier in an application under Section 482 Cr.P.C. No. 4365 of 2019, Hemant Verma and others Vs. State of U.P. and another, filed by the petitioner in connection with the prosecution, in which the impugned order has been passed, this Court had referred the matter to the Mediation and Conciliation Centre of this Court and the mediation had failed and during the mediation, the petitioner had married and this was not disclosed by him. It is also stated that mediation has already failed before the family court also. He submits that in view of above, this petition without disclosing the aforesaid fact of failing of mediation before this Court, learned counsel for the petitioner got notices issued merely on the ground that on account of family dispute, the dispute can be resolved through process of mediation, therefore, it is not only the concealment of material fact but a fraud upon the Court, for obtaining an interim order, in which he succeeded. 4. Learned counsel for the respondent no.2 submits that inadvertently it could not be disclosed, whereas there was no such intention, but it can not be accepted. Learned counsel for the petitioners further submits that the petitioner, who is present in person, at this stage has instructed to not press the petition and he stated that he is ready to pay the cost of Rs. 1,00,000/- and pays Rs. 30,000/- deposited by the petitioner may be adjusted in it and he will deposit remaining Rs. 70,000/- within time granted by this Court. 5. In view of above, this petition is dismissed as not pressed on a cost of Rs. 1,00,000/- The petitioner no.1 shall deposit Rs.70,000/- with the Senior Registrar of this Court, within a period of three weeks from today, failing which, the same shall be recovered from the petitioner no.1 as arrears of land revenue, forthwith. 6. It is further provided that Rs.30,000/- deposited before the Mediation and Conciliation Centre of this Court, and Rs. 60,000/- out of Rs. 70,000/- deposited by the petitioner no.1 before the Senior Registrar of this Court under this order, shall be paid to the respondent no.2- Ms. Shivli Verma @ Jassi Verma by concerned authorities/ officer on an application moved by her, giving details of her account, which shall be sent directly in her account after verification. Order Date :- 11.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench