Neutral Citation No. - 2025:AHC-LKO:4324 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11149 of 2024 Applicant :- Santosh Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Dhirendra Singh,Shri Prakash Pandey,Varun Vishal Pandey Counsel for Opposite Party :- G.A.,Ashok Kumar Singh Tomar Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, learned counsel for opposite party no.2, learned A.G.A. for the State as well as perused the material brought on record. 2. The present application under Section 482 Cr.P.C. now Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned summoning order dated-26.04.2021 passed by learned court of Upper Civil Judge (Junior Division), Court No-08, Sitapur in Case Crime No- 0383/2019, Case No-3418/2021, Under Section- 498 A. 323, 354, 504 1.P.C. & Section- 3/4 D.P. Act, "State Versus Vivek Pratap Singh & Others, Police Station- Sandhana, District- Sitapur against the petitioner as contained in Annexure No-1 to this petition. It is further prayed that this Hon'ble Court may graciously be pleased to quash the charge-sheet No- 270/2020, dated-12.08.2020 filed in the pursuance of the First Information Report dated-07.12.2019 of Case Crime No-0383/2019, Under Section 498 A, 323, 354, 504 I.P.C. & Section-3/4 D.P. Act at Police Station- Sandhana, District- Sitapur so for as with respect to petitioner contained as Annexure No-2 in the interest of justice." 3. On 10.12.2024, the following order was passed by this Court :- "1. With consent of learned counsel for the parties, both the cases are being heard together as theses applications are filed with a same prayer for quashing the charge- sheet as well as the summoning order. 2. The aforesaid applications have been filed by respective applicants with common prayer to quash the impugned summoning order dated 26.04.2021 passed by learned Upper Civil Judge (Junior Division), Court No.08, Sitapur in Case Crime No. 0383 of 2019, Case No. 3418 of 2021 under Sections 498-A, 323, 354, 504 I.P.C. and Section 3/4 D.P. Act, Police Station- Sandhana, District- Sitapur and to quash the charge-sheet no. 270/2020 dated 12.08.2020. 3. Learned counsel for the applicant submits that marriage of private respondent, namely, Mrs. Rajani alias Renu, w/o Vivek Pratap Singh, daughter-in-law of Santosh Kumar Singh had been solemnised. Thereafter, due to some trivial issues, the F.I.R. of the case in question was lodged on the basis of concocted facts despite no such incident was taken place. He further submits that in the case of co-accused person, interim protection has already been granted by this Court in Application u/s 482 Cr.P.C. No. 10780 of 2024 (Garima Singh @ Bablee (Nanad) vs. State Of U.P. Thru. Prin. Secy. Deptt. Home Lko & Another) vide order dated 29.11.2024. He also submits that there is a possibility of settlement of dispute, in case, the matter is sent to Mediation and Conciliation Centre of this Court. 4. Learned A.G.A. vehemently opposes the prayer of the applicants. However, he does not dispute the fact that genesis of the prosecution in question is some matrimonial dispute. 5. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other relevant documents, it is evident that genesis of the prosecution in question is some matrimonial dispute, therefore, possibility of settlement cannot be ruled out. 6. Issue notice to private respondent. 7. List this case on 22.01.2025 along with Application u/s 482 Cr.P.C. No. 10780 of 2024. 8. On the next date, the applicants (husband and father-in-law) and private respondent shall appear in person before this Court. 9. Till the next date of listing, no coercive steps be taken against the applicants." 4. Today when the case was taken up, learned counsel for the applicant stated that the applicant is not willing to settle the dispute amicably by way of mediation. 5. Considering the aforesaid as also the allegations levelled by the opposite party no.2 against the applicant, who is father-in-law, to attract offence under Section 354 I.P.C. this Court is of the view that at this stage it cannot be said that no offence is made out against the applicant, as such this Court is not inclined to entertain the present application. 6. Accordingly, the application is rejected. Order Date :- 22.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench