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2025 DAILYLAW 92137 (ALL)

SANTOSH @ ANUJ SINGH v. State of UP AND ANOTHER

NA528/29655/2024 · 2025-02-05

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18260 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 29655 of 2024 Applicant :- Santosh @ Anuj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Agrawal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sanjay Agrawal, learned counsel for the applicant, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record. This application has been filed on behalf of the applicant to quash the impugned judgment and order dated 06.06.2024 passed by Additional Sessions Judge, Court No.2, Basti in Criminal Revision No.86 of 2022 (Santosh @ Anuj Singh Vs. State of U.P. and another), summoning order dated 02.06.2022 passed by Xth Additional Civil Judge (Junior Division)/ Judicial Magistrate, Court No.23, Basti in Criminal Complaint Case No.7497 of 2021 (Prachi Singh Vs. Anuj @ Santosh Singh and others), under Sections 498A, 323, 504 I.P.C. and Section 4 of Dowry Prohibition Act, Police Station Paikauliya, District Basti as well as entire proceedings of the aforesaid case. Mr. Adarsh, learned counsel for the applicant submits that both the parties have amicably settled their dispute out of the court, therefore, the matter may be posted after two weeks. Learned A.G.A. points out that the complaint has been filed in the year 2021, as result whereof the applicant was summoned against which revision has been filed but the same has been dismissed vide order dated 06.06.2024, hence the present application. He further submits that no such document has been placed on record to show that any application has been moved before the District Court for the matter being sent for mediation. This Court feels that the instant application has been filed in August, 2024 and no application has been moved before the court concerned for sending the matter to mediation centre, therefore, no purpose would be served by keeping the instant application pending. Accordingly, the applicant is directed to approach the court concerned by moving an application for sending the matter to the mediation centre as the parties have settled their dispute amicably outside the Court. In view of above, this application is disposed of with liberty to the applicant to file a fresh application as when any new cause of action arises or the mediation is failed/successful between the parties. Order Date :- 6.2.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad