Disposed

Virendra Verma and Others v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

Allahabad HC14 Aug 2024A482/7169/2024

Case brief

AI extract

What is this about?

Application filed to quash criminal proceedings under Section 482 Cr.P.C. and Section 528 BNSS. Court ordered placement before mediation centre with security deposit as a requirement for interim protection.

What did the court decide?

Respondents case placed before mediation centre; applicants directed to deposit security money with registrar; proceedings kept in abeyance pending reporting.

Virendra Verma and Others vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7169 of 2024

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Applicant :- Virendra Verma And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Pankaj Kumar Singh Counsel for Opposite Party :- G.A.,Pradeep Kumar Shukla

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present application is filed with the prayer to quash the further criminal proceedings of Criminal Case No.20056/2023 arises out of impugned charge sheet No.1/2023, filed on 9.9.2023 in Case Crime No.0185/2023 under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station - Khodare, District Gonda.

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On 14.8.2024, following order was passed:-

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Heard learned counsel appearing for the applicants, learned AGA for the State of U.P. and perused the record. The present application under Section 482 Cr.P.C. read with under Section 528 Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") has been filed for the following main relief:"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to:-

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i. quash the entire criminal proceedings including impugned summoning order dated 12.10.2023, passed by Chief Judicial Magistrate, District Gonda, in Crl. Case No. 20056/2023, State Vs Virendra Verma and others, arises out of Case Crime No. 0185/2023, U/s-498-A, 323, 504, 506 I.P.C. (Now-85, 115(2), 352, 351 (2) (3), 316(2) BNS) & 3/4 Dowry Prohibition Act Police Station-Khodare, District- Gonda and impugned Charge Sheet No. 1/2023, filed on 09.09.2023 in Case Crime No. 0185/2023, U/s- 498- A, 323, 504, 506 I.P.C. (Now-85, 115(2), 352, 351 (2) (3), 316(2) BNS) & 3/4 Dowry Prohibition Act Police Station-Khodare, District- Gonda contained as Annexure no. 1 and 2 respectively to this petition.

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ii. stay the further criminal proceedings of Crl. Case No. 20056/2023 arises out of impugned Charge Sheet No. 1/2023, filed on 09.09.2023 in Case Crime No. 0185/2023, U/s- 498-A, 323, 504, 506 I.P.C. (Now-85, 115(2), 352, 351 (2) (3), 316(2) BNS) & 3/4 Dowry Prohibition Act Police Station-Khodare, District- Gonda, pending in the Court of Chief Judicial Magistrate, District Gonda."

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Learned Counsel for the applicants submitted that on account of matrimonial dispute, the case was filed by the side opposite and this dispute can be settled by way of mediation. It is also stated that applicants is ready to settle the dispute aforesaid. To show the bonafide learned counsel for the applicants further stated that applicants would deposit an amount to the tune of Rs. 30,000/- within three weeks before the Mediation and Conciliation Centre of this Court. Considering the submissions advanced by the learned counsel appearing for the applicants including that the dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.

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It is, therefore, provided that the matter be placed before Mediation and Conciliation Centre of this Court on 16.9.2024. The applicants shall deposit an amount of Rs. 30,000/- before the Mediation and Conciliation Centre of this Court, within three weeks, which shall be released in favour of the opposite party No. 2. Issue notice to the opposite party No. 2/Mrs. Seema Devi, returnable at an early date. Steps in this regard be taken within seven working days. List/put up this case before this Court on 16.10.2024 as fresh alongwith mediation report in this regard.

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Till the next date of listing, the proceedings against the applicants shall be kept in abeyance.

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In case, the steps are not taken within time specified or amount aforesaid is not deposited by the applicants within the specified time, the interim protection granted by this Court shall not be available to them. It is also made clear that if the mediation/settlement fails between the parties, the benefit of interim order would not been applicable to the applicants.

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In pursuance of aforesaid order, Virendra Verma S/o Harishanker R/o Malideeh, Mauza Kook Nagar Grant Paschim, P.S. Khodare, District- Gonda (Adhaar No.563960275308) and complainant, Smt. Seema Devi D/o Om Prakash, W/o Virendra Verma, R/o Village Keshav Nagar, Grant Purvi, Kukurbhukva, Police Station Khodare, District Gonda (Adhaar No.289855995965).

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Applicant no.1 stated before this Court that victim left his house on her own and entered into marriage with Rohit Verma, S/o Rampyare Verma on 20.11.2023 in Swami Narayan Temple, Chappiya, Gonda and presently, she is residing with younger brother of Rohit Verma, namely, Mahendra Verma. He also placed certain photographs of marriage of private respondent with Rohit Verma on the aforesaid date in Swami Narayan Temple, Chappiya, District - Gonda.

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Private respondent has no objection, in case, matter is sent to the mediation center of this Court.

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List this case on 16.1.2025 before Mediation and Center of this Court.

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On the next date, applicant no.1 and private respondent shall appear before the mediation center of this Court alongwith their original I.D.'s.

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List this case on 17.3.2025 alongwith mediation report.

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The Superintendent of Police, Gonda is

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directed to depute some responsible officer for conducting inquiry related to the marriage of the private respondent with one Rohit Verma S/o Ram Pyare on 20.11.2023 at Swami Narayan Temple, Chappiya, District Gonda and submit a report to this Court alongwith the affidavit, prior to the date of listing.

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Interim order shall continue till the next date of listing.

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Applicant is also directed to deposit Rs.10,000/- before the Senior Registrar of this Court within ten days and same shall be remitted to the private respondent, forthwith.

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Order Date :- 9.12.2024

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Gaurav/-

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Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Virendra Verma and Others v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

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Virendra Verma and Others v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Another

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