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2025 DAILYLAW 201543 (ALL)

DR. NITIN TRIPATHI AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND OTHERS

/8971/2025 · 2025-10-14

Abdul Moin, Babita Rani

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8971 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioners, learned A.G.A. appearing on behalf of respondent Nos.1, 2 & 3 and Shri Sagar Singh, learned counsel who has filed his vakalatnama on behalf of respondent No.4. 2. This petition is an example of the abuse of the process of law which has been adopted by the petitioners. 3. Why we say so is that the instant petition had been filed praying for quashing of the First Information Report No.0676 of 2025, under Sections 498A, 323, 504, 506, 354, 406, 427 I.P.C. and Sections 3/4 of Dowry Prohibition Act, Police Station Akbarpur, District Ambedkar Nagar, a copy of which is annexure 1 to the petition. 4. On the first date, when the matter was taken up i.e. 26.09.2025, learned counsel for the petitioners had indicated that the issue in question can be settled between the parties amicably through the Mediation and Conciliation Centre of this Court and, therefore, prayed that the matter may be referred to the Mediation Centre of this Court. 5. Considering the aforesaid intention that had been expressed by the learned counsel for the petitioners for settling the matter amicably, the Court required the petitioner No.1 to bring a demand draft of Rs.40,000/- in the name of the respondent No.4 to be handed over to the respondent No.4 if she agrees for mediation proceedings. 6. For the sake of convenience, the order dated 26.09.2025 is reproduced below:- Versus Counsel for Petitioner(s) : Vikas Verma Counsel for Respondent(s) : G.A. Dr. Nitin Tripathi And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others .....Respondent(s) "1. Heard Sri Vikas Verma, learned counsel for the petitioner and learned AGA for opposite party no.1. 2. Issue notice to opposite party no. 4 returnable at an early date. 3. Steps within a week. 4. Office to proceed accordingly. 5. By means of this petition, the petitioner has prayed for quashing the impugned F.I.R. No. 0676 of 2025 u/s 498A, 323, 504, 506, 354, 406, 427 IPC & 3/4 Dowry Prohibition Act, P.S. Akbarpur, District Ambedkar Nagar. 6. Learned counsel for the petitioner has submitted that the issue in question may be settled amicably through Mediation and Conciliation Center of this Court, therefore, the matter may be referred to the Mediation and Conciliation Center of this Court. Before sending the matter to the Mediation and Conciliation Center, consent of the parties would be required. 7. Petitioner no. 1 shall bring a Demand Draft of Rs. 40,000/- in the name of Priya Mishra (opposite party no. 4). The same shall be handed over to the opposite party no. 4, if she agrees for mediation proceedings. 8. Therefore, list this case on 14.10.2025. 9. On the said date, petitioner no. 1 and opposite party no. 4 shall appear in person before this Court to apprise as to whether they are agreeable for settling the issue through Mediation and Conciliation Center of this Court. 10. Station House Officer, P.S. Akbarpur, District Ambedkar Nagar shall inform this order to opposite party no. 4. 11. The AGA shall inform this order to the S.H.O., P.S. Akbarpur, District Ambedkar Nagar telephonically, e-mail/ any other convenient mode for its compliance. 12. Till the next date of listing, no coercive steps shall be taken against the petitioners in pursuance of the aforesaid F.I.R." 7. Today even though the respondent No.4 is present in pursuance to the order of this Court dated 26.09.2025 yet Shri Vikas Verma, learned counsel for the petitioners states that despite the order of this Court, the petitioner No.1 has neither brought the demand draft of Rs.40,000/- nor has he given any instructions to him regarding the matter. 8. Incidentally, this Court while passing the aforesaid order dated 26.09.2025, considering the intention of the petitioner for settling the matter through mediation, also directed that till the next date of listing, no coercive steps shall be taken against the petitioners in pursuance of the aforesaid F.I.R. 9. When once the petitioners have totally resiled from what they have expressed before this Court on 26.09.2025 inasmuch as, neither a demand draft of Rs.40,000/- has been prepared nor any instructions have been given by the petitioners, as such, it is apparent that the petitioners have indulged in abuse of process of the Court by initially indicating their intention of settling CRLP No. 8971 of 2025 2 the matter amicably and thereafter having totally resiled from the same despite an interim order having been granted in their favour on the basis of those intentions before the Court. 10. Considering the aforesaid, the Court is of the view that the writ petition deserves to be dismissed with exemplary cost. 11. Accordingly, keeping in view the aforesaid discussion, the writ petition is dismissed with cost of Rs.40,000/-. The cost shall be deposited by the petitioners with the High Court Legal Services Sub-Committee Lucknow within one month failing which the said cost shall be recovered from the petitioners as arrears of land revenue. 12. Let a copy of this order be sent by the office to the Senior Registrar of this Court for appropriate action. October 14, 2025 S. Shivhare CRLP No. 8971 of 2025 3 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench