ALAHUDDIN @ SUBRATI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS
CRLP/7003/2025 · 2025-08-28
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155540 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155540 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7003 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard. 2. Sri Satya Prakash Mishra, Advocate has filed 'Vakalatnama' on behalf of opposite party no. 4, same is taken on record. 3. This Court has passed order dated 6.8.2025 which reads as under:
"1.Heard Sri Dinesh Kumar Shukla, learned counsel for the petitioners and Sri S.N. Tilhari, learned Additional Government Advocate for the State. 2. Issue notice to opposite party No.4 returnable at an early date, for which, necessary steps be taken within a week. 3. Office to proceed accordingly. 4. By means of this writ petition, the petitioners have prayed for quashing of the impugned First Information Report dated 21.05.2025 registered at Case Crime No.0115 of 2025, under Sections 85, 115(2), 352 & 351(3) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Kaudiya, District-Gonda. 5. Learned counsel for the petitioners has stated that the impugned F.I.R. is an outcome of matrimonial dispute and this dispute may be settled amicably through mediation in the Mediation & Conciliation Centre of this Court, therefore, the matter may be referred to the Mediation & Conciliation Centre of this Court. 6. Learned counsel for the petitioners, so as to show bonafide of the petitioner No.1, who is husband of the opposite party No.4 (Rubiya Bano), has stated that he is really willing to settle the dispute amicably through mediation and, as such, he is ready to deposit a sum of Rs.25,000/- which may be given to the opposite party No.4. 7. Sri S.N. Tilhari, has informed on the basis of instructions that investigation has been completed and the charge-sheet has been prepared. The same is before the Advisory Authority. 8. It is trite law on the point that without seeking consent of the parties concerned, the matter may not be Versus Counsel for Petitioner(s) : Dinesh Kumar Shukla Counsel for Respondent(s) : G.A., Satya Prakash Mishra Alahuddin @ Subrati And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s)
sent to the Mediation & Conciliation Centre for mediation, therefore, on the next date the opposite party No.4 shall appear in person to apprise the Court as to whether she is also willing to settle the dispute amicably through mediation. 9.
List this case on 28.08.2025. On that date, the petitioner No.1 (Alauhddin @ Subrati) and the opposite party No.4 (Rubiya Bano) shall appear in person before this Court to apprise the Court as to whether they are willing to settle their dispute amicably through mediation. 10. On the next date, the petitioner No.1 shall produce a demand draft before the Court to the tune of Rs.25,000/- in the name of opposite party No.4 (Rubiya Bano). 11. Till the next date of listing, no coercive steps shall be adopted against the present petitioners pursuant to the impugned F.I.R.. 12. It is made clear that if the demand draft of the aforesaid amount is not produced by the petitioner No.1 before the Court, the benefit of this order shall not be made available to the present petitioners. 13. Despite the notice being issued to the opposite party No.4, the Station House Officer, Police Station- Katra Bazar, District-Gonda shall inform about order passed by this Court to the opposite party No.4 and ensure the presence of opposite party No.4 before this Court on the date fixed. 14. The learned Additional Government Advocate shall apprise the Station House Officer, Police Station- Katra Bazar, District-Gonda about the order passed by this Court telephonically or any other mode of service for its compliance."
4. In compliance of the aforesaid order Sub-Inspector, Sri Manik Chand Ram, and Lady Constable Ms. Baby, both from P.S. Katra Bazar, District Gonda have ensured the presence of opposite party no. 4 before the Court. 5. This case is listed for appearance but neither the learned counsel for the petitioner is present nor the petitioner no. 1 is present along with Demand Draft of Rs. 25,000/-, therefore, the writ petition is dismissed for want of prosecution. 6. Interim order is hereby vacated. August 28, 2025 Om CRLP No. 7003 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench