SHIKHAR KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
CRLP/7313/2025 · 2025-09-18
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156945 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156945 (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. - 7313 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 order dated 27.08.2025, which reads as under:
"1. Heard Sri Vikrant Prakash and Ms. Manjari Singh, learned counsels for the petitioners and Sri Bhanu Pratap Singh, learned AGA for the State-opposite parties no.1, 2 & 3. 2. Learned counsel for the petitioner has filed amendment application, the same is taken on record. 3. In the aforesaid application, learned counsels for the petitioners have requested that details of petitioner no.2 be corrected inasmuch as in the FIR, her name has been indicated as Reena Srivastava whereas she is Reema Srivastava. 4. The amendment application is allowed. Let necessary amendment be carried out during the course of the day. 5. Issue notice to opposite party no.4 returnable at an early date. 6. Steps be taken within a week. Office to proceed accordingly. 7. By means of this petition, the petitioners have assailed the impugned Versus Counsel for Petitioner(s) : Manjari Singh, Km. Deepa, Vikrant Prakash Counsel for Respondent(s) : G.A. Shikhar Kumar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
FIR bearing FIR/Case Crime No.0038 of 2025, under Sections 85, 115(2) & 352 of B.N.S. 2023 and Section 3/4 of Dowry Prohibition Act, 1961, Police Station- Mahila Thana, District- Lucknow Central. 8. On being confronted the learned counsels for the petitioners as to whether they are willing to settle the dispute as it appears, prima facie, a dispute of matrimonial nature, on that learned counsels for the petitioners have stated that this is not a matrimonial dispute inasmuch as opposite party no.4 has deserted petitioner no.1 from the very beginning and she has been living with one Anurag Dubey at Gorakhpur. Some documents have been shown from the writ petition substantiating their aforesaid submission. Therefore, it appears that before proceeding further, appearance of petitioner no.1 and opposite party no.4 would be required before this Court. 9. List this case on 18th September, 2025. 10. On that date, petitioner no.1 and opposite party no.4 shall appear in person. 11. The Station House Officer, Police Station- Manak Nagar, Alambagh, District- Lucknow shall ensure presence of opposite party no.4 on the next date. 12.
Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ e-mail/ any other convenient mode for its compliance . 13. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned F.I.R."
3. In compliance of the aforesaid order, Mr. Shikhar Kumar, petitioner No. 1, is present in person. 4. Mr. Krishnat Mani Tripathi, advocate, has filed vakalatnama on behalf of the respondent No. 4, which is taken on record. 5. Mr. Tripathi, learned counsel for the respondent No. 4 has informed that on account of serious illness of respondent No. 4, she could not appear in the Court but her parents namely Mr. Arun Saxena and Dr. Indu CRLP No. 7313 of 2025 2
Saxena, are present in person. 6. Mr. Gyaneshwar Singh, Sub Inspector, Police Station- Manak Nagar, District- Lucknow has shown the copy of letter dated 18.09.2025 indicating therein that on account of illness, respondent No. 4 is not able to come to the Court. The aforesaid letter is taken on record. 7. The parents of the respondent No. 4 have stated that their daughter is not willing to settle the dispute through Mediation and Conciliation Centre of this Court. 8. Mr. Shikhar Kumar, petitioner No. 1, has also stated that he is not willing to settle the dispute through the Mediation and Conciliation Centre of this Court. 9. Since the parties to the dispute are not willing to settle their dispute amicably through the process of mediation, therefore, this matter is not being sent to the Mediation and Conciliation Centre of this Court. 10. Mr. Girijesh Dwivedi, learned A.G.A. for the State-respondents has produced the copy of instructions letter, which is taken on record. As per the aforesaid instructions, the investigation has been completed and charge sheet has been filed against Mr.
Shikhar Kumar and Reena Srivastava under Section 85, 115(2), 352 BNSS and Section 3/4 D.P. Act. 11. Since the parties to the dispute are not willing to settle their dispute through Mediation and Conciliation Centre of this Court, and the charge sheet has been filed in this writ petition, so nothing remains to be adjudicated in this writ petition, therefore, the writ petition is dismissed. 12. Interim protection granted earlier stands vacated. 13. The writ petition is consigned to the records. September 18, 2025 (Manoj K.) CRLP No. 7313 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench