Dismissed

Fahim Ahmad @ Fahim Khan and 7 Others v. State of U.P and 2 Others

Allahabad HC10 Feb 2023A482/38437/2022

Case brief

AI extract

What is this about?

This order dismisses an application under Section 482 Cr.P.C. for quashing a charge sheet in a matrimonial case. The High Court rejected the plea due to the applicants' failure to appear and deposit the mandated sum of Rs. 50,000, vacating earlier interim protection.

What did the court decide?

Applications dismissed; interim order of stay vacated; trial court directed to proceed with trial and recover non-deposited amount.

Fahim Ahmad @ Fahim Khan and 7 Others Vs State of… — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 38437 of 2022

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Applicant :- Fahim Ahmad @ Fahim Khan And 7 Others Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Sanjay Pratap Singh,Shweta Singh Counsel for Opposite Party :- G.A.,Mahadeo Singh Chandel

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Hon'ble Shekhar Kumar Yadav,J.

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Learned counsel for the applicants and Mr. Mahadeo Singh Chandel, learned counsel for opposite party no.2 are present.

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On 24.01.2023 while granting interim protection to the applicants, this Court passed the following orders:

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"Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State as well as perused the material on record.

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The instant application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the charge sheet dated 18.07.2022 in Criminal Case No. 3813 of 2022 (State of U.P. Vs. Fahim Khan and 7 others) arising out of Case No. 228 of 2022, under Sections 498A, 323, 504, 506, 308 and 380 IPC and Section 3/4 of D.P. Act, P.S. Kotwali Nagar, District Banda, pending in the court of Civil Judge (J.D.)/F.T.C. Ist, Banda.

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It is a case of matrimonial dispute.

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On being confronted as to whether any possibility of settlement between the parties is possible, it is contended 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 10.2.2023.

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Considering the submission made by learned counsel for the applicant that there is every likelihood that the matter may be compromised, both applicant 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 a week, before the Registrar General, which shall be paid to O.P. No. 2 as expenses on the date of her appearance before this Court.

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Till the next date of listing no coercive action shall be taken against the applicants pursuant to impugned order dated 18.07.2022.

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

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It is also made clear that stay order will not be extended without hearing of the parties."

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In compliance of the above order, neither the applicants are present before this Court nor they have deposited the amount as directed above.

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Accordingly, the present applications is dismissed on the ground of non compliance of order of this Court.

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Interim order granted earlier vide order dated 24.01.2023 stands vacated.

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The trial court is directed to proceed to recover the aforesaid amount from the applicants as arrears of land revenue.

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Office is directed to send a certified copy of this order to the trial court concerned which may proceed with the trial of the aforesaid case and conclude the same in accordance with law, if already not concluded.

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Order Date :- 10.2.2023 Ajeet

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

Fahim Ahmad @ Fahim Khan and 7 Others v. State of U.P and 2 Others

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Fahim Ahmad @ Fahim Khan and 7 Others v. State of U.P and 2 Others

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