Dismissed

Shakeel Ahmad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC20 Dec 2023/10978/2023

Case brief

AI extract

What is this about?

The single-judge Bench, finding that the applicants failed to comply with the order dated 07.11.2023 which required their personal appearance and deposit of security for mediation, dismissed the application under Section 482 CrPC and vacated the interim stay. No substantive decision on the quantum of security or mediation was rendered in this order.

What the court decided

AI extract

Shakeel Ahmad and 5 Others Vs State of U.P. Thru… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:84648

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 10978 of 2023

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Applicant :- Shakeel Ahmad And 5 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Akhtar Husain Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Case called out. No one has put in appearance for applicants.

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On 07.11.2023, the following order was passed:-

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"1. Heard learned counsel for applicants as well as learned AGA.

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2. The present application under Section 482 has been filed with the prayer to quash the criminal proceedings of Complaint case no.7293 of 2021, Under Section 498-A, 323, 504, 506 IPC and 3/4 D.P. Act and 3/4 of M.W.P. Act, P.S.- Manpur, District- Sitapur as well as summoning order dated 23.04.2022.

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3. Learned counsel for applicant submits that the marriage of applicant no.1 was solemnized with the private respondent but due to some trivial issues prosecution in question was initiated on the basis of incorrect facts and chargesheet has been filed. It is also submitted that there is a possibility of settlement of dispute in between the parties, in case, the matter is sent in Mediation and Conciliation Centre of this Court.

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4. Learned AGA does not dispute this fact that the prosecution has arisen due to some matrimonial dispute and he has no objection in case the matter is sent for mediation to the Mediation and Conciliation Centre of this Court.

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5. Considering submission of rival parties and going through the contents of petition as well as other relevant documents as impugned proceedings is initiated due to some matrimonial dispute, therefore, possibility of settlement cannot be ruled out at this stage.

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6. Issue notice to the private respondent.

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7. List this case on 20.12.2023.

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8. On the next date, applicants as well as private respondent shall appear in person before this Court.

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9. Applicants are directed to deposit a sum of Rs. 25,000/- before Senior Registrar of this Court within three weeks from today.

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10. Till the next date of listing, no coercive steps be taken against the

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applicants in pursuance of the impugned proceedings.

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11. In case, the aforesaid amount is not deposited by applicants within stipulated period then the protection of interim order will not be available to them."

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It is evident from the record that the earlier order dated 07.11.2023 has not been complied with, therefore, petition is dismissed .

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Interim order granted earlier is vacated.

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Office is directed to communicate this order to learned Court below.

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Order Date :- 20.12.2023 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Shakeel Ahmad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

What is this about?

What the court decided

Shakeel Ahmad and 5 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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What the court decided

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