VINOD KUMAR SHARMA AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. OF HOME LKO. AND OTHERS
CRLP/7379/2025 · 2025-09-10
Rajesh Singh Chauhan, S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157141 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157141 (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. - 7379 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J.
HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard. 2. This Court had passed the order dated 27.08.2025 which reads as under:
"1. Heard Sri Ravinder Yadav, learned counsel for the petitioners and Sri G.D. Bhatt, learned AGA for the State-opposite parties no.1 to 3. 2. Issue notice to opposite party no.4 returnable at an early date. 3. Steps within a week. Office to proceed accordingly. 4. Learned counsel for the petitioners has filed supplementary affidavit enclosing therewith true photostat copy of the driving licence and ID Card of petitioner no.3 (husband) and true photostat copy of passport/Visa and Air Tickets, the same is taken on record. 5. By means of this petition, the petitioners have assailed the impugned FIR bearing FIR/Case Crime No.133 of 2025, under Sections 323, 504, 506, 498, 498-A of IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Kotwali Ayodhya, District- Ayodhya. 6. Learned counsel for the petitioners has stated that the impugned FIR is an outcome of matrimonial dispute and the same may be settled amicably through mediation and conciliation centre. In para-2 of the supplementary Versus Counsel for Petitioner(s) : Pintoo Counsel for Respondent(s) : G.A. Vinod Kumar Sharma And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Of Home Lko. And Others .....Respondent(s)
affidavit filed by petitioner no.1, it has been indicated that petitioner no.3 is a resident of Punjab but presently, he is residing in Australia providing address. In para-3, he has indicated the date when petitioner no.3 departed to Australia. For the convenience, paragraphs no.2 & 3 of the supplementary affidavit are being reproduce hereunder:-
"2. That the petitioner no 3 (son of the petitioner no 1 and 2) is permanent resident of R/O House No- B-2/349 Street no 1 Mohan Nagar, Nawanshahr, Punjab and presently residing at Unit 43 24-28 First Avenue Black town NSW, Australia. The petitioner no 3 study in Australia for the course of Advance Diploma of Leadership and Management. A true photocopy of Licence and ID card issued by the college are being collectively annexed as Annexure no. SA 1 to this affidavit. 3. That the petitioner no 3 arrived to India from Australia on 15.07.2025 and departed to Australia on 22.08.2025.
True photocopy of passport/Visa and Air tickets are being collectively annexed as Annexure no. SA 2 to this affidavit."
7. Learned counsel for the petitioners has stated that so as to show bonafide, he would produce a Demand Draft of Rs.50,000/-(Rupees fifty thousand) in the name of opposite party no.4 i.e. Jyoti Shukla, daughter of Ravinder Shukla, R/o Kaniganj, Police Station- Kotwali Ayodhya, District- Ayodhya. 8. Since learned counsel for the petitioners has stated that he has specific instructions from the petitioners including petitioner no.3 that the matter may be referred to the Mediation and Conciliation Centre of this Court, therefore, consent of opposite party no.4 would also be required to know her willingness as to whether she is also willing to settle the dispute through Mediation and Conciliation Centre. 9. Therefore, list this case on 10th September, 2025. 10. On that date, opposite party no.4 shall appear in person before this Court. 11. The Station House Officer, Police Station - Kotwali Ayodhya, District- Ayodhya shall ensure the presence of opposite party no.4 on the next date. CRLP No. 7379 of 2025 2
12. If opposite party no.4 agrees to settle the dispute through Mediation and Conciliation Centre, the Demand Draft of Rs.50,000/- may be handed over to her. 13. It is made clear that in case of agreement of the parties to refer the matter to the Mediation and Conciliation Centre, petitioner no.3 would be connected virtually/ through video conferencing. 14. Till the next date of listing, no coercive steps shall be taken against the petitioners pursuant to the impugned FIR. 15. Learned AGA shall intimate this order to the S.H.O. concerned telephonically/ e-mail/ any other convenient mode for its compliance. "
3. Ms. Anjali Dwivedi, Advocate and Ms. Indu Shukla, Advocate have filed vakalatnama on behalf of the respondent No. 4, which is taken on record. 4. Mr. Akash Kanaujia, Sub-Inspector and Ms. Akanksha Singh, Lady Constable, Police Station- Kotwali Ayodhya, District- Ayodhya have ensured the presence of Smt. Jyoti Shukla, respondent No. 4. 5.
At the very outset, Smt. Jyoti Shukla, respondent No. 4 has stated that the petitioner No. 3 namely Anikesh Sharma has cheated her as despite already being a married person, he married her without disclosing this fact. His first wife is living with him at Australia. 6. On being confronted on the aforesaid point, learned counsel for the petitioners has stated that this allegation has been levelled in the FIR and he is not disputing the aforesaid fact. 7. Smt. Jyoti Shukla, respondent No. 4 has stated that in view of the aforesaid facts and circumstances, she is not willing to settle the dispute through Mediation and Conciliation Centre and she wants that any appropriate punishment be awarded to her husband and his family members pursuant to the impugned FIR. 8. Learned counsel for the petitioners has produced the demand draft of Rs.50,000/- drawn in the name of Smt. Jyoti Shukla, respondent No. 4 but she refused to accept the said demand draft. CRLP No. 7379 of 2025 3
9. Having considered the submission of learned counsel for the parties, particularly the submission of Smt. Jyoti Shukla, respondent No. 4, we do not find it proper to grant any relief to the petitioners, accordingly, the writ petition is hereby dismissed. 10. Interim protection earlier granted to the petitioners stands vacated. September 10, 2025 (Manoj K.) CRLP No. 7379 of 2025 4 (Syed Qamar Hasan Rizvi,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench