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2025 DAILYLAW 24548 (ALL)

SHANKAR KUMAR AND 2 OTHERS v. State of UP AND ANOTHER

A482/5849/2024 · 2025-08-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145765 Court No. - 75 Case :- APPLICATION U/S 482 No. - 5849 of 2024 Applicant :- Shankar Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Pandey Counsel for Opposite Party :- Akhilesh,Ankit Yadav,G.A.,Rajiv Kumar Pandey Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Vakalatnama has been filed on behalf of Shri Gaurav Singh (A/G 1549/2023), counsel for opposite party no.2, is taken on record. 3. Heard Shri Ravi Pandey, learned counsel for the applicants and learned AGA for the State as well as Shri Gaurav Singh, counsel for the opposite party no. 2. 4. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 485 of 2019 (Yashwanti Kumari @ Seema vs. Shankar Kumar & others), u/s 498-A, 323, 506 I.P.C. and Section 4 D.P. Act, P.S. Kwarsi, District Aligarh, pending before Judicial Magistrate-I, District Aligarh as well as the summoning order dated 20.10.2023. 5. This Court on 01.04.2024 proceeded to pass the following orders: "1. Heard learned counsel for the applicants and Sri Padmakar Rai, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No. 485 of 2019 (Yashwanti Kumari @ Seema vs. Shankar Kumar & others), u/s 498-A, 323, 506 I.P.C. and Section 4 D.P. Act, P.S. Kwarsi, District Aligarh, pending before Judicial Magistrate-I, District Aligarh as well as the summoning order dated 20.10.2023. 3. Contention of learned counsel for the applicants is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court. It is categorically mentioned that applicant No.1 (husband) is sweeper, therefore, his financial condition is very poor. 4. Considering the nature of the case, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicants will deposit a sum of Rs. 22,000/- within two weeks from today with the Mediation Centre out of which Rs.20,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.2,000/- shall be retained by the mediation center towards its expenses. 5. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months. 6. List in the week commencing 1.7.2024. 7. It is further provided, if applicants file receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against the applicants in Complaint Case No. 485 of 2019 (Yashwanti Kumari @ Seema vs. Shankar Kumar & others), u/s 498-A, 323, 506 I.P.C. and Section 4 D.P. Act, P.S. Kwarsi, District Aligarh, till the next date of listing. 8. It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. 9. It is also made clear that in case the applicants fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicants." 6. There is a report of Allahabad High Court Mediation and Conciliation Centre report that the parties are not willing for mediation. 7. Learned counsel for the applicants, while inviting attention towards the supplementary affidavit dated 21.08.2025, contends that the parties have themselves compromised out of the Court on 18.06.2025 (Annexure-1 at page 6) and onwards reference whereof has been made in paragraph no. 2 of the supplementary affidavit. He submits that the compromise application has filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 8. Learned AGA on the other hand submits that he has no objection to the same. 9. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the court below while filing the self-attested copy of the present application and supplementary affidavit by 18.09.2025. 10. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 11. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Complaint Case No. 485 of 2019 (Yashwanti Kumari @ Seema vs. Shankar Kumar & others), u/s 498-A, 323, 506 I.P.C. and Section 4 D.P. Act, P.S. Kwarsi, District Aligarh, pending before Judicial Magistrate-I, District Aligarh as well as the summoning order dated 20.10.2023. 12. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 13. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 22.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad