The High Court dismissed a Section 482 CrPC application filed by a matrimonial dispute applicant to quash a non-bailable warrant, finding no grounds to interfere given the applicant's history of non-compliance with mediation orders.
The application under Section 482 CrPC was dismissed; no relief granted to the applicant.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 6988 of 2022
Applicant :- Sandeep Rana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Munesh Sharma, the learned counsel for applicant and the learned A.G.A. for State.
This application u/s 482 Cr.P.C. has been filed challenging order dated 17.08.2021 passed by A.C.J.M.-III, Ghaziabad in Complaint Case No.3651 of 2021 (Neeraj Vs. Sandeep Rana and others), under Sections 498-A, 323, 504, 506 I.P.C. & Sections 3/4 Dowry Prohibition Act, Police Station Kavi Nagar, District Ghaziabad, whereby non-bailable warrant has been issued against the applicant.
Perused the record.
At the very outset, learned A.G.A. for State has invited attention of the Court to the fact that earlier a complaint case was instituted in the year 2011 by complainant/Opposite Party No.2 and was registered as Complaint Case No.4415 of 2011, under Sections 498-A, 323, 504, 506 I.P.C. & Sections 3/4 Dowry Prohibition Act, Police Station Kavi Nagar, District Ghaziabad.
Feeling aggrieved by the proceedings of aforementioned complaint case, applicant alongwith another approached this Court by means of Criminal Misc. Application u/s 482 Cr.P.C. No.33586 of 2012 (Sandeep Rana and another Vs. State of U.P. and another), wherein this Court passed the following order dated 05.10.2012:-
"Heard learned counsel for the applicants and learned A.G.A. for the State.
It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court.
It is directed that applicants shall deposit a sum of Rs. 15,000/- within two weeks from today with the Mediation
Centre of which 80% shall be paid to the opposite party no.2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties.
Thereafter the case shall be listed before appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No.4415 of 2011, under Sections 498A, 323, 504, 506 I.P.C., and 3/4 D.P.Act, Police Station Kavi Nagar, District Ghaziabad pending in the Court learned Additional Chief Judicial Magistrate, Court No.3, Ghaziabad.
After the aforesaid amount is deposited, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, this application shall automatically stand dismissed."
However, the mediation could not materialize and ultimately aforesaid application came to be dismissed vide order dated 26.05.2016. It appears that since then, applicant has been avoiding the proceedings of the court. Resultantly non-bailable warrant was issued against applicant. The complete order-sheet has also not been brought on record.
On the aforesaid premise, learned A.G.A. for State submits that no indulgence be granted by this Court in favour of applicant.
When confronted with above, learned counsel for applicant could not over come the same.
In view of the facts noted above, this Court does not find any good ground to entertain this application. The application fails and it is liable to be dismissed.
It is accordingly dismissed .
Order Date :- 8.7.2022 Zafar
Digitally signed by MOHAMMAD ZAFAR ANSARI Date: 2022.07.18 09:49:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant relief in an habeas corpus petition filed under Section 482 CrPC against a non-bailable warrant.
1 provisions across 1 enactments
Sandeep Rana
State of U.P.
Rajeev Misra
Mohammad Zafar Ansari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
