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2025 DAILYLAW 156492 (ALL)

RAJA BABU AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/7223/2025 · 2025-09-15

Rajesh Singh Chauhan, S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 7223 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard. 2. This Court has passed the order dated 18.08.2025, which reads as under: "1. Heard Ms. Kulsum Firoz holding brief of Sri Sajjad Husain, learned counsel for the petitioners and Sri G.D. Bhatt, learned AGA for the State. 2. Issue notice to opposite party no. 5 returnable at an early date. 3. Steps within a week. 4. Office to proceed accordingly. 5. By means of this petition the petitioners have assailed the F.I.R. dated 7.5.2025 registered at Case Crime No. 0196 of 2025, u/s 84, 351(3) B.N.S., 2023 and section 3,4 of Dowry Prohibition Act, 1961, 3/5(1) U.P. Conversion Prevention Act, 2021, P.S. Nanpara, District Bahraich. 6. At the very outset learned counsel for the petitioners has stated that the impugned F.I.R. is an outcome of the matrimonial dispute which may be settled amicably through mediation and conciliation process, therefore, the matter may be referred to such center. 7. Law is trite on the point that before sending the matter to the Mediation and Conciliation Center the consent of the parties is required. 8. Petitioners are directed to bring a Demand Draft of Rs. 15,000/- to be drawn in favour of opposite party no. 5 on the next date. 9. Therefore, the opposite party no. 5 and petitioners shall appear in person on the next date to apprise the Court as to whether both the parties are ready to settle their dispute amicably. 10. List on 15.9.2025. On that date the petitioners and opposite party no. 5 shall appear in person. Versus Counsel for Petitioner(s) : Sajjad Husain Counsel for Respondent(s) : G.A. Raja Babu And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) 11. The S.H.O., P.S. Nanpara, District Bahraich shall ensure the presence of opposite party no. 5 before this Court on the the next date. 12. Till the next date of listing no coercive steps shall be taken against the petitioners. 13. Learned AGA shall intimate this order to the S.H.O. concerned for its compliance." 3. Sri Bhairo Nath, learned counsel has put in appearance on behalf of opposite party No.5/complainant by filing his Vakalatnama, same is taken on record. 4. In compliance of the aforesaid order, petitioner No.1- Rajababu and complainant- Laxmi Singh are present in person along with their respective counsels. 5. At the very outset, complainant has stated that she is not willing to settle the dispute through mediation and conciliation centre of this Court, therefore, she would not accept the demand draft of Rs.15,000/- if, the same has been prepared by the petitioner No.1. She has further stated that she is willing to pursue her criminal case and she wants justice from the competent court of law. However, petitioner No.1 has stated that he is a Muslim person and the complainant is a Hindu lady and he has got married with her but he is willing to get married under the provisions of Special Marriage Act. He has also stated that he is willing to accept the daughter of complainant, who is the daughter of her first husband. 6. Since, the complainant is not willing to settle the dispute amicably through mediation and conciliation centre, as stated above, therefore, we do not find any purpose to keep this petition pending any longer, so we hereby dispose of this petition finally at the admission stage directing the petitioners to participate in the investigation proceedings and it is needless to say that the offences under which the FIR has been lodged are having punishment up to seven years, therefore the dictum of Apex Court in re: Satender Kumar Antil vs.CBI and others shall be followed in its letter and spirit. 7. The writ petition is disposed of in view of the aforesaid term. 8. Interim order stands vacated. September 15, 2025 Reena/- CRLP No. 7223 of 2025 2 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench