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2025 DAILYLAW 24798 (ALL)

DURGA SHANKAR SHARMA v. STATE OF U.P. AND ANOTHER

A482/44114/2024 · 2025-09-07

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44114 of 2024 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Ms. Asha Parihar (A/A 2357/2012) has made a statement that she has filed his Vakalatnama but the same is not on record. 2. Office is directed to trace out and place on record. 3. Today when the matter has been taken up in the revised list, though learned counsel for the opposite party no. 2 is present but counsel for the applicant is not present. 4. This Court on 30.04.2025 passed the following orders: "1. Heard Sri Shiva Kant, Advocate holding brief of Sri Pradeep Chauhan, learned counsel for the applicant and Sri Ramesh Kumar, learned AGA for the State.2. The present application has been filed for quashing the impugned order dated 07.10.2023 pased by Additional Sessions Judge, Court No.19, Kanpur Nagar in criminal Revision No.162 of 2019 as well as order dated 03.05.2019 passed by Civil Judge (Senior Division), FTC, Kanpur Nagar in Criminal Case No. 3048 of 2015 arising out of Case Crime No.246 of 2014, under Sections 498A, 323, 506 IPC, Police Station Rail Bazar, District Kanpur Nagar. 3. Contention of learned counsel for the applicant is that the present matter is matrimonial dispute and the same can be amicably settled through mediation proceeding and a request is made to refer this case to Mediation and Conciliation Centre of this Court. 4. Issue notice to the opposite party no. 2, returnable at an early date. Versus Counsel for Applicant(s) : Pradeep Chauhan Counsel for Opposite Party(s) : G.A. Durga Shankar Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of the above, it is directed that applicant shall deposit a sum of Rs. 30,000/- within three weeks from today with the Mediation Centre of this Court out of which Rs. 25,000/- shall be paid to opposite party no. 2, on the date fixed, on her appearance before the Mediation Centre and Rs. 5000/- be retained by the Mediation Centre as mediation fee. 6. The matter is remitted to the Mediation Centre with the direction that after deposit of such amount, by the applicant, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously. 7. It is also directed that while depositing the aforesaid amount before the mediation centre, counsel for the applicant shall also file a photocopy of memo of parties as mentioned in present case along with WhatsApp number as well as Email Id of the private respondent(s), if available. 8. List this case in the week commencing 08.09.2025 before the appropriate Bench along with the report of Mediation Centre. 9. After depositing Rs.30,000/- before mediation centre, the receipt of the same shall be submitted by the applicant before the court below. In case, such receipt of deposit is filed before the court below then, no coercive action shall be taken against the applicant in the aforesaid case, till next date of listing. 10. In case, the applicant fails to submit the receipt of deposit before the court below then court below will be free to proceed in the matter. 11. It is made clear that in case there occurs default by the applicant 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 with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. 12. It is clarified that interim order has been granted till the next date, if the applicants fail to produce any order of this court extending the interim order after the date fixed then court below would be free to proceed against the applicants." 5. However there is a report of mediation dated 30.07.2025 that the applicant has not been deposited the said amount. A482 No. 44114 of 2024 2 6. There is no application seeking for extension of time to make the said amount deposit. 7. Accordingly, the application stands dismissed for want of prosecution. 8. Interim order, if any, stands vacated. September 8, 2025 A. Prajapati A482 No. 44114 of 2024 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad