Disposed

Sanjeev Vishwas v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

Allahabad HC13 Feb 2025A482/1386/2025

Case brief

AI extract

What is this about?

Section 482 CrPC quashing application; summoning order dated 15.04.2024 of Judicial Magistrate, Ayodhya kept in abeyance; Complaint Case No. 1206/2024, Smt. Pallavi Vishwas V/s Sanjeev Vishwas and others; Sections 498-A, 323, 506 IPC; Section 3/4 D.P. Act; Police Station Mahila Thana, District Faizabad/Ayodhya; matrimonial dispute; mediation and conciliation centre consent of respondent no. 2; dep

What did the court decide?

Continuation of the interim order keeping the summoning order dated 15.04.2024 in abeyance till the next date of listing (24.3.2025), with directions for the applicant's appearance, delivery of the pr

Sanjeev Vishwas vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1386 of 2025

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Applicant :- Sanjeev Vishwas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another Counsel for Applicant :- Ankit Pandey,Jitendra Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Vakalatnama filed by Sri Vaibhav Srivastava, Advocate on behalf of private respondent today is taken on record.

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Heard learned counsel for the applicant, learned counsel for the private respondent, learned AGA for the Staterespondent and perused the record.

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The present application under Section 482 Cr.P.C. has been filed with the following main reliefs:

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set- aside the impugned summoning order dated 15.04.2024 passed by Civil Judge (J.D.) FTC-Ist/Judicial Magistrate, Ayodhya against the Petitioner, in Complaint Case No.1206/2024 (Smt. Pallavi Vishwas V/s Sanjeev Vishwas and others), Under Sections- 498-A, 323, 506 IPC and section 3/4 D.P. Act relating to Police Station Mahila Thana, District-Faizabad/Ayodhya, pending in the court learned Civil Judge (J.D.) FTC-Ist/Judicial Magistrate, Ayodhya contained in Annexure No. 1 to the Petition.

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And it is further prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of Complaint Case No.1206/2024 (Smt. Pallavi Vishwas V/s Sanjeev Vishwas and others) Under Sections- 498A, 323, 506 IPC and section 3/4 D.P. Act Police Station- Mahila Thana, District-Faizabad/Ayodhya, pending in the court of learned Civil Judge (J.D.) FTC-Ist/Judicial Magistrate, Ayodhya, in the interest of justice."

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On 13.2.2025, the following order was passed:

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"Heard learned counsel for the petitioner and learned AGA for the State.

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Learned counsel for the petitioners submits that dispute between the petitioner and opposite party no. 2 is purely matrimonial in nature and in all likelihood it can be settled through mediation if it is referred to the Mediation and Conciliation Centre of this Court.

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In view of the above, let notice be issued to respondent no. 2 who shall appear before this Court on the next date in order to give her consent whether she wishes to approach the mediation and conciliation center of this Court to settle the dispute or not.

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The petitioner is directed to deposit a sum of Rs. 15,000/- within ten days before the Senior Registrar of this Court.

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List on 10.03.2025.

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Till the next date of listing, the impugned summoning order dated

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15.04.2024 passed in complaint case No. 1206/2024 "Smt. Pallavi Vishwas Vs. Sanjeev Vishwas and others", shall remain in abeyance.

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It is made clear that in case the amount as directed by this Court is not deposited within the stipulated time period, the interim order shall stand vacated automatically without any reference to the Court."

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It is also evident from the record that Rs. 15,000/- has already been deposited by the applicant in the Registry and the private respondent is also present before this Court but the applicant is not present.

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Learned counsel for the applicant submits that the applicant went to Mumbai due to some personal work and is not returned till date that is why he could not appear before this Court. Learned counsel further requests that he will appear before this Court on the next date fixed. The private respondent also informs the Court that her all testimonial are in possession of applicant. Learned counsel for the applicant undertakes that his client will provide all her testimonials to the private respondent on the next date fixed.

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List this case on 24.3.2025 at 11:20 AM showing the name of Sri Vaibhav Srivastava as counsel for the private respondent.

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The interim order, granted earlier, shall continue till the next date of listing.

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On the next date of listing, applicant is directed to appear before this Court along with all testimonials of the private respondent. The applicant is also directed to bring Rs. 5,000/- cash on the next date of listing for providing the same to the private respondent for her appearance. The private respondent shall also appear before this Court on the next date fixed.

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Order Date :- 10.3.2025

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AKK

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

Sanjeev Vishwas v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

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Sanjeev Vishwas v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Another

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