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2025 DAILYLAW 179787 (ALL)

KSHITIJ RAI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 2 OTHERS

/4949/2025 · 2025-12-15

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4949 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned counsel for the complainant and learned A.G.A. for the State. 2. The present application is filed with the prayer to quash the criminal proceedings in Criminal Case No.15365 of 2025 arising out of Case Crime No.485 of 2023 under Sections 323, 506, 498-A I.P.C. and Section 3/4 D.P. Act, Police Station - Ashiyana, District Lucknow. 3. On the request of parties, matter was referred to the Mediation and Conciliation Center of this Court vide order dated 24.7.2025 with the direction that Rs.50,000/- be deposited before the Senior Registrar of this Court but the mediation could not be succeeded. 4. Learned counsel for the applicant submits that Investigating Officer has filed the charge sheet in the most mechanical manner without considering the evidences of the applicant. He further submits that respondent no.3 has already filed divorce petition before the competent court, therefore, indulgence of this Court is necessary. 5. Learned A.G.A. as well as learned counsel for the private respondent oppose the prayer of the applicant and submit that victim was victimized by the applicant and due to his atrocities, she is also suffering from the injuries. They also submit that after collecting Versus Counsel for Applicant(s) : Umesh Kumar Tiwari, Anurag Shukla Counsel for Opposite Party(s) : G.A., Garima Singh, Harshit Singh, Manoj Kumar Dubey Kshitij Rai .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others .....Opposite Party(s) sufficient evidences, charge sheet was submitted by the Investigating Officer. They further submit that applicant is reluctant to resolve the issue before the Mediation Center of this Court, therefore, same was failed. 6. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is evident that after detail investigation, charge sheet was filed by the Investigating Officer, it is also evident that there are serious allegations against the applicant, therefore, same cannot be examined at this stage. In such circumstances, the present application is misconceived and same is hereby, dismissed. 7. The Senior Registrar of this Court is directed to transmit the amount of Rs.50,000/- deposited by the applicant, in favour of the respondent no.3, forthwith. December 15, 2025 GauraV/- A482 No. 4949 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench