Application to quash a summoning order, charge-sheet and consequent proceedings arising from a matrimonial dispute was dismissed after the applicant failed to comply with the Court's direction to deposit Rs. 40,000/- as a condition of the interim stay.
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Neutral Citation No. - 2024:AHC-LKO:77690
Court No. - 13
Case :- APPLICATION U/S 482 No. - 9197 of 2024 Applicant :- Ravikar Verma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Aishwarya Pratap Singh,Manish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
2. The present application has been filed by the applicants with prayer to quash the summoning order dated 10.04.2024 passed in Crl. Case No. 115 of 2024 and charge-sheet dated 06.10.2023 filed in F.I.R. No. 27 of 2023, Police Station- Mahila Thana along with all consequential consequential further proceedings in the Case No. 115 of 2024 pending in the Court of Civil Judge, (J.D.), Court No.43/F.T.C., Barabanki.
3. Learned counsel for the applicants submits that marriage of applicant no.1 was solemnized with opposite party no.2 as per the Hindu rites and rituals on 21.11.2019. However, after marriage ceremony was performed, i.e, on the next day, the opposite party 2 (bride) was not sent with the applicant no.1 on the pretext that there is no custom of sending the bride to their matrimonial home and the bride can only be sent at the time of 'Gauna'. Learned counsel for applicants further submits that the opposite party 2 was suffering from hip tuberculosis and that is why she was not in a position to even stand properly, and therefore, she did not come to the house of applicant no.1. As a result, a petition under Section 13 of the Hindu Marriage Act was filed by the applicants and only when the notices were issued to the private respondent, the FIR in question was lodged. As this is a matrimonial dispute, submission of learned counsel for the applicants is that there is every possibility of settlement between the
parties, and therefore, matter may be sent to the Mediation Centre of this Court.
4. Learned A.G.A. has no objection, in case, the matter is sent to the Mediation Centre.
5. Considering the arguments advanced by the learned counsel for the applicant as well as learned A.G.A. and going through the contents of F.I.R., charge sheet, summoning order and other documents, it is evident that the issue in question arises due to matrimonial dispute.
6. Issue notice to respondent no. 2.
7. List this case on 22.11.2024, on which date, applicant no. 1 and respondent no. 2 shall remain present before this Court.
8. Station House Officer, P.S. Mahila Thana, District Barabanki shall ensure the presence of respondent no. 2 before this Court on the next date.
9. Applicant no. 1 is directed to deposit a sum of Rs.40,000/- before the Senior Registrar of this Court within two weeks from today.
10. Till the next date of listing, no coercive steps shall be taken against the applicants.
11. In case, the applicant no. 1 fails to deposit the amount, as aforesaid, this interim order shall automatically stand vacated."
Order Date :- 22.11.2024 Arpan
Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench
1 provisions across 1 enactments
Ravikar Verma And 2 Others
State Of U.P. Thru. Prin. Secy. Home Lko.
Opposite Party No. 2
Rajeev Singh
As recorded by the court registry
3 orders share this CNR
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