HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2501 of 2021 Court No. - 29 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record. 2. The present application u/s 482 Cr.P.C. has been filed challenging the cognizance/summoning order dated 03.05.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 26, Lucknow in Case No. 16198 of 2017 arising out of Case Crime No. 290 of 2016 under Sections 498-A, 323 I.P.C., and Section 3/4 of Dowry Prohibition Act, Police Station Mahanagar, District Lucknow as well as to quash the order dated 14.08.2019 and also to quash the charge sheet filed in aforesaid case as well as entire criminal proceedings of of the aforesaid case pending before learned Additional Chief Judicial Magistrate (A.P.) Lucknow. 3. Considering the submissions advanced by learned counsel for the applicants that the instant matter pertains to matrimonial dispute, the co- ordinate Bench of this Court vide order dated 09.08.2021 had referred the matter before mediation centre subject to deposit of Rs. 20,000/- within 15 days from the date of order and after deposit of amount, office was directed to issue notice to the opposite party no.2. In the meantime, the interim protection has been granted to the applicants. Pursuant to the order dated 09.08.2021, the amount of Rs. 20,000/- has been deposited by the applicants, thereafter notices were issued to the opposite party no.2. 4. Office vide its report dated 19.08.2021 has reported that notice issued to the opposite party no.2 has been served personally. Inspite of service of notice, neither the opposite party no.2 appeared before the mediation proceedings nor any counsel has put in appearance before this Court, inspite of revised calling of the list. 5. Today when the case was taken up, learned counsel for the applicant Versus Counsel for Applicant(s) : Vikas Kumar Agrawal Counsel for Opposite Party(s) : G.A. Sanjeev Yadav And Ors. .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lucknow And Anr. .....Opposite Party(s) confines his arguments to the first part of the submission that the summoning order dated 03.05.2017 is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law. 6. A perusal of the summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments. 7. In view of the categorical pronouncements of this Court, the impugned order dated 03.05.2017 is set aside and the matter is remanded before the concerned Magistrate for passing fresh orders of summoning and cognizance if it deems fit, within a month from the date of production of a certified copy of the order before it. 8. Consequently, the application is allowed in part and the impugned order dated 03.05.2017 is set aside in terms of the order passed above. 8. Let a copy of this order be sent to the concerned trial Court through Registrar Compliance of this Court for necessary compliance within 48 hours. 9. The amount of Rs. 20,000/- (Rs. Twenty Thousand only) deposited by the learned counsel for the applicants towards mediation proceedings, be returned to learned counsel for the applicants forthwith, in case an appropriate application is moved by learned counsel for the applicants. December 10, 2025 S.Ali A482 No. 2501 of 2021 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad, Lucknow Bench