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2025 DAILYLAW 8168 (ALL)

KULWANT SINGH AND 2 OTHERS v. State of UP AND ANOTHER

A482/1702/2024 · 2025-02-13

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21026 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1702 of 2024 Applicant :- Kulwant Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pragati Jaiswal,Sanjay Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Rakesh Kumar Singh (A/R 0932/24), Advocate holding brief of Shri Sanjay Vikram Singh, learned counsel for the applicants, Shri Moti Lal, learned AGA for the State and Shri Saurabh Tripathi, learned counsel for opposite party No. 2. 2. This Court while entertaining the application, proceeded to pass the following orders on 31.01.2024: "1. Heard learned counsel for the applicants and learned A.G.A for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 18.11.2023 passed by Civil Judge (Junior Division)/F.T.C.-41, Shahjahanpur as well as entire proceeding of Case No. 1074 of 2023 (State Vs. Kulwant Singh and others) arising out of Case Crime No. 411 of 2023 under Sections 498A, 354B, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station Sadar Bazar, District Shahjahanpur pending before Civil Judge (Junior Division)/F.T.C.-41, Shahjahanpur. 3. Learned counsel for the applicants has submitted that present case arises out of a matrimonial dispute and there is every chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties. 4. Learned counsel for the applicants submits that applicant no. 2/mother of applicant nos. 1 and 3 is seriously ill and is not in a position to participate in the mediation proceedings. Therefore, presence of applicant no. 2/mother may be exempted in the mediation proceedings. 5. In view of above submissions made by learned counsel for the applicants, it is directed that the applicants shall deposit Rs.25,000/- within two weeks from today through bank draft before the Registrar, Mediation and Conciliation Centre, Allahabad High Court. 6. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2 returnable within a period of two weeks. Rs.20,000/- out of the aforementioned deposited amount shall be paid to opposite party no.2 as expenses and this case shall be sent to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months. 7. List this case on 15.05.2024 along with report of Mediation Centre before appropriate Bench. 8. Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case. 9. It is hereby provided that personal presence of applicant no. 2/mother of applicant nos. 1 and 3 in the mediation proceedings is exempted. 10. It is made clear that if the applicants fail to deposit the amount within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required. " 3. There is a report dated 07.08.2024 that mediation completed and was successful. 4. Learned AGA as well as counsel for opposite party No.2 submit that there is nothing more to proceed with. 5. The application stands allowed. 6. In view of the above, entire proceedings of proceeding of Case No. 1074 of 2023 (State Vs. Kulwant Singh and others) arising out of Case Crime No. 411 of 2023 under Sections 498A, 354B, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station Sadar Bazar, District Shahjahanpur pending before Civil Judge (Junior Division)/F.T.C.-41, Shahjahanpur are hereby quashed. Order Date :- 13.2.2025 K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad