Quashed

Kuldeep Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC17 Sept 2024/8030/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC to quash a summoning order in a matrimonial dispute, the Apex Court considered a mediation center's report indicating settlement in a related case number. Clarifying that the case had been transferred and renumbered, the court accepted the mediation report as evidence of settlement and quashed the challenged proceedings.

What did the court decide?

The proceedings in Complaint Case No. 3586 of 2023 (Old Case No. 1162 of 2019) pending before the Civil Judge (J.D.), FTC, Unnao are quashed based on the mediation center's report of settlement.

Kuldeep Kumar and Others Vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64132

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 8030 of 2024 Applicant :- Kuldeep Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- O.P. Tiwari,Ashish Shukla Counsel for Opposite Party :- G.A.,Gulam Mustafa,Gaurav Mehrotra,Vijay Dixit

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Hon'ble Abdul Moin,J.

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1. Heard Shri O.P. Tiwari, learned counsel for the applicants, learned A.G.A. for the respondent no. 1, Shri Gulam Mustafa, learned counsel for the respondent no.2 and Shri Shishir Jain, learned counsel for the High Court.

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2. Shri Shishir Jain has appeared in pursuance to order of this Court dated 09.09.2024, which for the sake of convenience, is reproduced below:

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"1. Heard Sri O.P. Tiwari, learned counsel for the applicants, learned AGA appearing for respondent no.1, and Sri Gulam Mustafa, learned counsel, who files Vakalatnama on behalf of respondent no.2, which is taken on record.

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2. Instant petition has been filed praying for quashing of the summoning order dated 22.02.2019 passed by learned Judicial Magistrate, Unnao, in Old Complaint Case No.1162 of 2019 (New Complaint Case No.3586 of 2023) in re: Dipika Singh vs. Kuldeep and others, under Sections 498-A, 323, 504, 506 IPC & 3/4 of the Dowry Prohibition Act, Police Station Kotwali, District Unnao, pending in the Court of learned Civil Judge (J.D.) FTC, Unnao as well as the proceedings arising thereon.

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3. There is consensus amongst the parties that the parties had appeared before the Mediation Center of this Court and the Mediation Center of this Court vide its report dated 24.05.2024, a copy of which is Annexure-5 to the petition, has considered various cases pending against the parties including Case No.3946 of 2019 and it has been recorded that the parties have settled the dispute amongst themselves.

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4. However, the summoning order pertains to complaint case no.1162 of 2019 while the Mediation Center's report indicates the Case No.3946 of 2019 while the applicants are seeking quashing of the summoning order in Complaint Case No.3586 of 2023 and the proceedings arising there from.

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5. Let a copy of the petition be given to Sri Gaurav Mehrotra

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and Sri Vijay Dixit, who usually appear for the High Court today itself in order to seek instructions as to how the report of Mediation Center which pertains to Case No.3946 of 2019 would be applicable for quashing of New Complaint Case No.3586 of 2023 as has been stated by the applicants and the respondent no.2.

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6. List this case in the next week as fresh indicating the name of Sri Gulam Mustafa, Sri Gaurav Mehrotra and Sri Vijay Dixit, learned counsels, in the cause list from the side of the respondents."

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3. From perusal of aforesaid order it emerges that there was consensus amongst the parties that after they had appeared before mediation center of this Court, the mediation center vide report dated 24.05.2024, a copy of which annexure 5 to the application, had considered various cases pending against the parties including Case No. 3946 of 2019 and had recorded that the parties had settled the dispute amongst themselves but the summoning order which has been challenged in the instant application pertains to Complaint Case No. 1162 of 2019 while the mediation center had indicated the case as Case No. 3946 of 2019 which thus required learned counsel for the High Court to seek instructions.

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4. In pursuance thereof Shri Shishir Jain, learned counsel for the High Court has submitted that as the case continued to be transferred from one case to other as such the case number was also changed and now the case number is 3586 of 2023.

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5. Considering the aforesaid and the consensus amongst the parties as well the mediation center report dated 24.05.2024 wherein Case No. 3946 of 2019 finds place in paragraph J(d) of the mediation report it is apparent that the parties have agreed to withdraw / not press / not to purse the case filed against each other as such the proceedings of Case No. 3586 of 2023 (old Complaint Case No. 1162 of 2019 in re: Dipika Singh vs Kuleep and others, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Kotwali, District Unnao, pending before learned Civil Judge (J.D.), FTC, Unnao are quashed.

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6. The office while issuing certified copy of this order shall also issue certified copy of order of mediation center of this Court.

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7. Instructions passed over by Shri Sishir Jain, learned counsel for the High Court, are taken on record.

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Order Date :- 17.9.2024/J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Kuldeep Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Kuldeep Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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