Ayush Tripathi and Another vs State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

Court No. - 12

Case :- APPLICATION U/S 482 No. - 2384 of 2025

Applicant :- Ayush Tripathi And Another Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vyas Narayan Shukla,Shailesh Kumari Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Shri Ashish Srivastava, Advocate, has put in appearance on behalf of opposite party no.2 by way of filing his Vakalatnama, which is taken on record.

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Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as the learned A.G.A. for the State and perused the record.

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The present application has been filed seeking following main relief(s):-

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"For the facts, reasons and circumstances as stated in the accompanying affidavit and also to secure the ends of justice and to prevent the abuse of process of court, it is very humbly prayed before this Hon'ble Court that may kindly be pleased to quash/set-aside the entire proceeding of Crl. Case No. 6163/2022 (State Versus Ayush Tripathi and others) arising out of impugned charge-sheet no. 01, dated 03.04.2022 filed by the investigating officer in Case Crime No. 0976/2021, Under Section-498-A, 323, 504, 506 I.P.C. & Section-3/4 Dowry Prohibition Act, pertaining to Police Station-Chinhat, District-Lucknow as well as cognizance/summoning order dated 17.11.2022 passed by the court of learned Additional Chief Judicial Magistrate-First, Lucknow by which the applicants/petitioners have been summoned for facing of trial under the aforesaid sections, as contained in Annexure No. 1 to & 2 respectively to the affidavit, in the interest of justice.

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It is further prayed that this Hon'ble Court may kindly be pleased to refer this matter before Mediation & Conciliation Centre of this Hon'ble Court and also stay the further proceeding of Crl. Case No. 6163/2022 (State Versus Ayush Tripathi and others) arising out of impugned charge-sheet no. 01, dated 03.04.2022 filed by the investigating officer in Case Crime No. 0976/2021, Under Section-498-A, 323, 504, 506 I.P.C. & Section-3/4 Dowry Prohibition Act, pertaining to Police Station-Chinhat, District-Lucknow as well as cognizance/summoning order dated 17.11.2022 pending before the court of learned Additional Chief Judicial Magistrate-First, Lucknow by which the applicants/petitioners have been summoned for facing of trial under the aforesaid sections, as contained in Annexure No. 1 to & 2 respectively to the affidavit, during the pendency of this petition, in the interest of justice."

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Learned counsel for the applicants stated that the applicant no.1 is the husband of opposite party no.2 whereas applicant no.2 is mother-in-law of opposite party no.2. It is stated that the applicants are ready to settle the dispute amicably by way of

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mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicant no.1 is ready to deposit an amount to the tune of Rs.1,11,000/- before Mediation and Conciliation Centre of this Court.

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In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 17.04.2025 . The applicants shall deposit an amount of Rs.1,11,000/- before the Mediation and Conciliation Centre of this Court within ten days from today, which shall be released in favour of the opposite party no.2 forthwith.

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List/put up this case before this Court on 29.05.2025 alongwith mediation report.

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Till the next date of listing, the proceedings in issue shall remain stayed qua the applicants.

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In case, the amount aforesaid is not deposited within the specified time, the interim protection granted by this Court shall not be available to the applicants.

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It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicants on merits.

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Order Date :- 12.3.2025 Anand/-

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

Ayush Tripathi and Another v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

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Ayush Tripathi and Another v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another

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