Dismissed

Firoz and 4 Others v. State of U.P. and Another

Allahabad HC6 Feb 2023A482/25361/2022

Case brief

AI extract

What is this about?

This court dismissed an application under Section 482 CrPC seeking quashing of a charge sheet and summoning order. The dismissal was based on the applicant's failure to comply with a previous order to deposit Rs. 50,000 before the Mediation Centre.

What did the court decide?

The application was dismissed on the ground of non-compliance with the mandatory order to deposit Rs. 50,000 towards mediation.

Firoz and 4 Others Vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 25361 of 2022

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Applicant :- Firoz And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saima Saher Counsel for Opposite Party :- G.A.,Mohd. Aslam

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Hon'ble Shekhar Kumar Yadav,J.

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While granting interim protection to the applicants, the matter was referred before the Mediation Centre, on 05.01.2023 this Court has passed the following order:

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"Heard learned counsel for the applicants and learned AGA for the State and perused the material on record. Mr Mohd Aslam,learned counsel for the private respondent is present.

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This application is filed for quashing the charge sheet dated 20.2.2022 along with cognizance and summoning order dated 25.4.2022 in Case No. 1462 of 2022 (State Vs Roshan Jahan and others) arising out of Case Crime No. 0647 of 2021, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D. P. Act, and Section 3/4 of Muslim Women Right to Marriage Act, P.S. Khatauli, District Muzaffar Nagar pending in the Court of CJM, Muzaffar Nagar.

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On being confronted as to whether any possibility of settlement between the parties is possible, it is contended by learned counsel for the parties that there is fair possibility of mediation between the parties and efforts can be made to this effect.

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Issue notice to private opposite party no. 2. Steps be taken within three days.

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List this case on 25.01.2023 as fresh.

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Considering the submission made by learned counsel for the applicants that there is every likelihood that the matter may be compromised, both applicant (husband) as well as private respondent no. 2 are directed to appear before this Court on the next date fixed in the matter. Applicant is further directed to deposit Rs. 50,000/- within two weeks, before the Mediation Centre, High Court, Allahabad, out of which Rs. 10,000/- shall be paid to O.P. No. 2 as expenses.

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Till the next date of listing no coercive action shall be taken against the applicants in the aforesaid case.

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In case, the amount as directed is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end."

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In compliance of above order, today, the applicant no.1 Firoz and opposite party no.2 Smt. Iram are personally present before this Court and they have been identified by their counsel.

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Upon query made by this Court, the opposite party no.2 Smt. Iram has stated before the Court that she does not want to live with the applicant no.1. She has also levelled serious allegations against all the applicants.

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In pursuance of the order dated 05.01.2023, while referring the matter before the Mediation Centre, the applicant no.1 was directed to deposit Rs.50,000/- within two weeks out of which, Rs.10,000/- was directed to be paid to the opposite party no.2 as expenses.

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Learned counsel for the opposite party no.2 has submitted that the applicant has not complied with the order passed by this Court.

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Considering the facts and circumstances of the case, the present application is dismissed on the ground of non compliance.

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So far as amount of Rs.50,000/- as directed above is concerned, the same shall be deposited by the applicant no.1 before the court below while applying for bail, which shall be handed over to the opposite party no.2.

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Order Date :- 6.2.2023

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Ajeet

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Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad

Firoz and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Firoz and 4 Others v. State of U.P. and Another

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