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2025 DAILYLAW 46328 (ALL)

KRISHNA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13686/2025 · 2025-05-13

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79830 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13686 of 2025 Applicant :- Krishna And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sitesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Satish Kumar, learned counsel for the applicant has submitted that the applicant herein had earlier filed an Application u/s 482 No. 21510 of 2024 in which on 19.09.2024, the following orders were passed.- "1. Heard Sri Sitesh Kumar, learned counsel for the applicants and Sri Prashant Saxena, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 6644 of 2022 (Smt. Lata vs. Krishna and others) under Sections 498-A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Agra pending in the court of Judicial Magistrate/Civil Judge (Junior Division), Agra as well as summoning order dated 28.08.2023. 3. Learned counsel for the applicants submits that the instant proceedings arises out of matrimonial dispute between the parties and there is every likelihood that the dispute could be settled amicably, if the matter is referred to the Mediation Centre of Allahabad High Court. 4. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice, let an opportunity be granted to settle their disputes in an amicable and congenial way. 5. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court. The applicant no. 1 (Husband) is directed to deposit a sum of Rs. 35,000/- by way of Demand Draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within four weeks from today. After deposit of the aforesaid amount, Mediation Centre shall send a notice to the opposite party no. 2 (Wife). Out of Rs. 35,000/-, Rs. 15,000/- shall be paid to the opposite party no. 2 on her first appearance before the Mediation and Conciliation Centre and Rs. 5,000/- shall be retained by the Mediation Centre towards expenses. So far as the remaining amount of Rs. 15,000/- is concerned, in case the dispute is settled between the parties, the same shall be paid to the opposite party no. 2 on final settlement of dispute. However, in case the mediation fails, the said amount shall be returned to the applicant no. 1. 6. Under the circumstances, both the parties shall appear before the Mediation Centre and would explore the possibilities of settling the dispute. 7. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of two months after giving notices to both the parties. 8. Thereafter, the case shall be listed on 06.01.2025 in the additional cause list along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court. 9. From the date of deposit of amount as directed herein above, no coercive steps shall be taken against the applicant in pursuance of Complaint Case No. 6644 of 2022 (Smt. Lata vs. Krishna and others) under Sections 498-A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Agra. 10. In case the amount, as directed above, is not deposited by the applicants within the aforesaid period, the instant application under Section 482 Cr.P.C. shall stand dismissed without further reference to the court." 2. Thereafter, on 04.04.2025, the following orders were passed.- "1. Heard Sri Mahendra Tripathi, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State. 2. At the very outset, learned counsel for the applicant seeks to withdraw the present application wherein the challenge has been raised in Criminal Complaint Case no. 6644 of 2022 (Smt. Lata. vs. Krishna and Ors), under Sections 498-A, 323, 504, IPC and 3/4 D.P. Act, police station Mahila Thana District Agra. 3. Learned AGA has no objection to the same. 4. The application is dismissed as withdrawn. 5. Certified copy be returned subject to submission of photocopy. " 3. Learned counsel for the applicant has made submissions on the merits of the matter, however, Sri Vikas Sharma, learned AGA submits that relief so sought herein is virtually the same and it would be a second 482/528 application as there was no liberty accorded earlier. 4. At this stage, learned counsel for the applicant submits that a direction be given to the court below for enlargement on bail of the applicant since the applicant shall be preferring bail application. 5. I have heard the submissions so made across the bar. 6. The relief so sought in the present application is as under.- "to quash the entire proceedings Complaint Case No. 6644 of 2022, Smt. Lata Vs. Krishna and others, under Sections 498-A, 323, 504 I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Agra pending in the Court of Learned Judicial Magistrate/Civil Judge (Junior Division), Agra as well as impugned summoning order dated 28.08.2023 passed by Learned Judicial Magistrate/Civil Judge (Junior Division), Agra." 7. Virtually, this is a second application as earlier, an application came to be preferred which has been dismissed. Since, now the applicants have confined his relief for enlargement on the bail, thus, it is open for the applicants to prefer an appropriate bail application. 8. This Court has no reason to disbelieve that in case, applicant moves appropriate proceedings before the court below for enlargement of bail, then the same may be decided with most expedition in accordance with law of the land. 9. Accordingly, the application is consigned to record. Order Date :- 14.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad