MOHD. RIZWAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECRTT. LKO. AND ANOTHER
/4098/2022 · 2025-12-08
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 197373 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 197373 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4098 of 2022 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 2. On 30.06.2022, following order was passed. "Heard learned counsel for the applicants and the learned A.G.A. for the State respondents and perused the record. The present 482 Cr.P.C. application has been filed with a prayer to quash the proceedings of Case No. 9925 of 2022 (State Vs. Mohd. Rizwan and Others), pending before the Chief Judicial Magistrate, Gonda, arising out of Case Crime No. 44 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 of the D.P. Act, 1961, Police Station - Kotwali Nagar, District - Gonda, with a further prayer to stay the proceedings of the aforesaid case. Learned counsel for the applicants has contended that the allegations made in the complaint clearly indicates that it is a marital dispute and that the applicants are willing to settle the matter by mediation. Learned A.G.A. does not object to the prayer for reference of the matter to the Mediation and Conciliation Center attached to this Court. At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably. Accordingly and in light of the submission made above, it is directed that the applicants shall deposit a sum of Rs. 20,000/- within two weeks from today with the Mediation Center, of which Rs. 15,000/- shall be paid to the opposite Versus Counsel for Applicant(s) : Abhishek Misra Counsel for Opposite Party(s) : G.A., Amit Pandey, Sanjeet Kumar Patel, Sanjeev Verma Mohd. Rizwan And Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Secrtt. Lko. And Another .....Opposite Party(s)
party No. 2 for appearance before the Mediation Center on a date to be fixed by the Mediation Center. Balance amount of Rs.5,000/- shall be retained by the Center towards its expenses. The matter is referred to the Mediation Center with the direction that same may be tried to be resolved after giving notices to both the parties.
It is directed that the Mediation Center shall proceed in the matter expeditiously preferably within a period of three months. Thereafter, the case shall be listed before the appropriate Bench. Subject to the applicant depositing the amount of Rs.20,000/- as directed above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance. After depositing the aforesaid amount, notice shall be issued to the parties and in case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated."
3. The record reveals that the mediation in between the parties has failed on 29.11.2022. 4. Learned counsel for the applicants submits that on the basis of general allegations, all the family members have been dragged in the case in question. It is, thus, submitted that the impugned proceedings are liable to be quashed. However, learned counsel for the applicants does not dispute the fact that the matter was entertained merely on the basis of the request that the applicants are willing to settle the matter. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer of the applicants. It is also informed by the learned counsel for the complainant that applicant no. 1 has solemnized Nikaah with someone else. When the applicant no. 1, who is present before this Court, has been asked about the aforesaid fact, he categorically states that he solemnized Nikaah with one Itwa Afreen. 6. Considering the submissions advanced by the learned counsel for the applicants, learned A.G.A., learned counsel for the complainant and going through the contents of the application, F.I.R. as well as other relevant documents, it is evident that after A482 No. 4098 of 2022 2
detail investigation, charge sheet was submitted by the Investigating Officer.
It is also evident that this application was entertained on the request made on behalf of the applicants that they were willing to settle the dispute, but the mediation in between the parties has failed on 29.11.2022. Admittedly, mini trial of the case cannot be done in these proceedings. 7. The application, accordingly, stands dismissed. 8. However, the trial court is directed to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. December 8, 2025 VKS A482 No. 4098 of 2022 3 (Rajeev Singh,J.) Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench