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2025 DAILYLAW 189894 (ALL)

ASHISH KUMAR AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND OTHERS

/9143/2025 · 2025-11-24

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9143 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Personal appearance matters have been taken up. None responds up on behalf of the petitioners even in the revised call. 2. This petition appears to be an example of patent abuse of process of Court, which has been adopted by the petitioners. This is apparent from the order dated 03.11.2025, which is reproduced as under: "1. Heard learned counsel for petitioners and learned A.G.A. for State. 2. Instant writ petition has been filed praying for quashing of the FIR dated 12.09.2025 bearing No.0450 of 2025, under Section 85, 115(2), 352, 351(3) of B.N.S. and Section 3/4 of the Dowry Prohibition Act, Police Station Bilgram, District Hardoi. 3. At the very outset, learned counsel for the petitioners states that there is every likelihood of the parties settling the dispute in case the matter is referred to Mediation Center of this Court. 4. Considering the aforesaid, issue notice to respondent no.4. Steps be taken within a week. 5. List this case on 24.11.2025 as fresh on which date respondent no.4 shall either appear in person or through Versus Counsel for Petitioner(s) : Arvind Kumar Yadav Counsel for Respondent(s) : G.A. Ashish Kumar And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others .....Respondent(s) her counsel to indicate as to whether she is willing to go for mediation with the petitioner no.1 in order to settle out the differences. 6. In order to show his bona fides, let a sum of Rs.25,000/- be deposited by the petitioner no.1 before this Court within a period of ten days from today. 7. It is provided that in case the petitioner no.7 deposits the aforesaid amount before this Court within the time specified then no coercive action shall be taken against the petitioners till the next date of listing in pursuance to the impugned FIR. 8. Needless to mention that in case the aforesaid amount is not deposited within the time specified then the benefit of this order would not be available to the petitioners." 3. Perusal of aforesaid order emerges that a statement had been made on behalf of the petitioners that there is every likelihood of the parties settling the dispute in case is matter is referred to the Mediation Centre of this Court. Considering the aforesaid, this Court had issued the notice to the respondent no. 4 and also required that the petitioner no. 1 shall deposit a sum of Rs.25,000/- before this Court within a period of ten days. 4. From the perusal of Office reports dated 18.11.2025 and 21.11.2025, it emerges that (a) the amount of Rs.25,000/- has not been deposited and (b) no steps has been taken for issuance of notice to the respondent no. 4. Even learned counsel for the petitioners is not present today. 5. Thus, prima facie, the only reason why a statement was made before this Court for sending the matter to the Mediation was to persuade this Court to grant an interim order in favour of the petitioners. The very conduct of the petitioners in not depositing the amount of Rs.25,000/- before this Court and in not taking steps for issuance of notice to the respondent no. 4 thus indicates patent abuse of process of Court. 6. Considering the aforesaid, this writ petition is dismissed with an CRLP No. 9143 of 2025 2 exemplary cost of Rs.25,000/- upon the petitioners. The cost shall be deposited by the petitioners before the Legal Aid Cell of this Court within a period of four weeks, failing which, the amount shall be recovered from the petitioners as arrears of land revenue. 7. Let a copy of this order be forwarded to the Senior Registrar of this Court for taking appropriate action. November 24, 2025 Arun CRLP No. 9143 of 2025 3 (Syed Qamar Hasan Rizvi,J.) (Abdul Moin,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench