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2025 DAILYLAW 45246 (ALL)

MUNIB KUMAR v. State of UP AND ANOTHER

A482/11830/2024 · 2025-03-02

Samit Gopal

body2025

Judgment text

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Court No. - 78 Case :- APPLICATION U/S 482 No. - 11830 of 2024 Applicant :- Munib Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Jadaun Counsel for Opposite Party :- G.A.,Ram Chandra Kushwaha Hon'ble Samit Gopal,J. 1. List revised. 2. No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. 3. Sri Ram Chandra Kushwaha, learned counsel for the opposite party no. 2 and Sri Bade Lal Bind, learned counsel for the State are present and records have been perused. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant Munib Kumar with the prayer to quash the impugned summoning order dated 03.03.2016 as well as entire proceedings of Complaint Case No. 447 of 2015 (Sandhya Devi vs. Munib Kumar and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Rudrapur, District Deoria, pending in the Court of Civil Judge, Junior Division (FTC-II), Deoria. 5. Even previously on 06.02.2025 there was no representation on behalf of the applicant and the following order was passed by this Court :- "1. List revised. 2. No one appears on behalf of the applicant to press this application under Section 482 Cr.P.C. 3. Sri Ram Chandra Kushwaha, learned counsel for the opposite party no. 2 and Sri V.D. Ojha, learned counsel for the State are present. 4. Learned counsel for the opposite party no. 2 submits that remaining amount as per Clause 7(e) of the settlement agreement dated 20.09.2024 entered into between the parties before the Mediation and Conciliation Centre of this Court is to be paid to the opposite party no. 2. 5. Since there is no representation from the side of the applicant in the interest of justice, as a last opportunity the matter is adjourned. 6. Learned counsel for the opposite party no. 2 shall serve a notice about this order on the learned counsel for the applicant within a week and produce its proof thereof on the next date. 7. Let the matter be listed on 03.03.2025." 6. Learned counsel for the opposite party no. 2 was directed to serve notice about the said order on learned counsel for the applicant and produce its receipt on the next date. Today, learned counsel for the opposite party no. 2 has produced the notice dated 13.02.2025 regarding compliance of the order dated 06.02.2025 duly received by the clerk of learned counsel for the applicant on 13.02.2025, the same is taken on record. 7. Since there is no representation on behalf of the applicant even in the revised list, despite a notice is being served on him on 13.02.2025 by learned counsel for the opposite party no. 2 in compliance of order dated 06.02.2025, the present application under Section 482 Cr.P.C. is dismissed for non prosecution. 8. Interim order, if any, stands vacated. (Samit Gopal,J.) Order Date :- 3.3.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad