Dismissed

Mithilesh Singh v. State of U.P. and Another

Allahabad HC22 Aug 2022/1194/2021

Case brief

AI extract

What is this about?

The High Court dismissed this petition under Section 482 Cr.P.C. seeking quashing of the summon order and chargesheet. The court observed that since the applicant failed to deposit the required amount for mediation as directed in an earlier order, the interim stay was vacated and the merits of quashing were not found.

What did the court decide?

Petition dismissed; interim order of stay vacated.

Mithilesh Singh Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2022)

¶1

Court No. - 10

¶2

Case :- APPLICATION U/S 482 No. - 1194 of 2021

¶3

Applicant :- Mithilesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh K. Tripathi Counsel for Opposite Party :- G.A.,Deepak Kumar

¶4

Hon'ble Dinesh Kumar Singh,J.

¶5

Present petition under section 482 Cr.P.C. has been filed seeking setting aside the impugned summoning order dated 04-09-2020 passed by the learned Additional Judicial Magistrate,Ist, Hardoi in Case No. 11398/2020(State Vs. Ayush Kumar @ Rishi & Another) arising out of F.I.R. No. 0136/2019, dated 16-08-2019 lodged under sections 498-A/323/504 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana, distict-Hardoi and also quashing of the impugned Chargesheet dated 31-12-2019 submitted by the Investigating OfÏcer in the aforesaid F.I.R. No. 0136 of 2019 dated 16-08-2019 registered at Police Station-Mahila Thana, districtHardoi.

¶6

This court vide order dated 12-03-2021 directed the petitioner to deposit Rs. 10,000/- before the Mediation and Conciliation Centre of this court.

¶7

Sri Deepak Kumar, learned counsel for the respondent no. 2 submits that respondent no. 2 was ready for referring the matter to Mediation and Conciliation Centre of this court,however, the petitioner has not deposited Rs. 10,000/-as directed by this court so that the matter could be referred to Mediation and Conciliation Centre of this court.

¶8

It has further been submitted that this court has granted an interim order in favour of the petitioner on 12-03-2021 on the ground that the parties would settle their dispute through the process of mediation. However, since the matter has not been referred to Mediation and Conciliation Centre of this court, this court should not continue the interim order.

¶9

I have considered the submissions of the

¶10

learned counsel for respondent no. 2.

¶11

Since, the petitioner has not complied with the order dated 12-03-2021, therefore, the matter could not be referred to Mediation and Conciliation Centre of this court.

¶12

7.This court does not find that there is any ground to quash the chargesheet as well as impugned proceedings as from the facts and circumstances of the case, it would be difÏcult to say that no prima-facie case is made out against the petitioner.

¶13

In view thereof, this petition has no substance, which is hereby dismissed .

¶14

Interim order dated 12-03-2021 stands vacated.

¶15

Order Date :- 22.8.2022 AKS

¶16

Digitally signed by ANUJ KRISHNA SRIVASTAVA Date: 2022.08.22 18:54:10 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mithilesh Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mithilesh Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shyam Bihari Ram Vs State of U.P. Thru. Prin. Secy. Home and Another

Sachin @ Satyendra (Minor) Thru. His Brother Mr. Sarvesh Kumar Vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and 3 Others

Abhishek Bhansali Vs State of U.P. and Anr.

Jai Jai Ram and Anr. Vs State of U.P. Thru. Secretary Home

Brij Bhushan Sharan Singh Vs State of U.P. Thru. Secy. Deptt. of Home, Lko. and Another

Harikesh Prasad Misra and Ors. Vs State of U.P.