Rajkumar and 4 Others Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 7016 of 2025

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Rajkumar And 4 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Shankar Lal Pandey, Abhishek Shukla, Ankita Tiwari Counsel for Opposite Party(s) : G.A., Rajesh Kumar Awasthi

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Case is called out. None appears on behalf of the applicants.

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On 26.08.2025, following order was passed:-

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"1. Vakalatnama filed by Shri Rajesh Kumar Awasthi, Advocate on behalf of opposite party no.2/complainant is taken on record.

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2. Heard, learned counsel for the applicants, learned AGA for the State and perused the records.

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3. The instant application has been filed under Section 482 Cr.P.C. with a prayer to quash the entire proceedings of Criminal Case No. 9974 of 2025; State Vs. Rajkumar and Others. This case arises out of First Information Report No. 509 of 2024, under Sections- 498-A, 323, 504, 506, I.P.C. and Section 3/4 of D.P. Act, at Police StationKhairighat, District- Bahraich. The applicants also seek to quash the Charge Sheet No. A 477 of 2024 dated 30.06.2024 and the summoning order dated 01.04.2025 passed by the learned Civil Judge Senior Division F.T.C./ ACJM F.T.C. Bahraich. 4. It is argued by the learned counsel for the applicants that the matter is arising out of matrimonial dispute and there is still possibility of amicable settlement between the parties, therefore, the matter may be referred to the Mediation and Conciliation Centre of this Court so as to the parties may settle their dispute.

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5. Learned counsel for the opposite party no.2 and learned AGA for the State has no objection.

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6. In view of aforesaid and to ensure the willingness of the opposite party no.2/informant, it is directed that the opposite party no.2 shall remain present before

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A482 No. 7016 of 2025

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2

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this Court on the next of listing.

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7. The applicant no.1 is directed to fetch a bank draft of Rs. 25,000/- (Rupees Twenty Thousand Only) in favour of the opposite party no.2 on the next date of listing.

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8. List/put up this matter in the week commencing 06.10.2025.

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9. Till the next date of listing, the proceedings initiated in Criminal Case No. 9974 of 2025; State Vs. Rajkumar and Others, arising out of First Information Report No. 509 of 2024, under Sections- 498-A, 323, 504, 506, I.P.C. and Section 3/4 of D.P. Act, at Police Station- Khairighat, District- Bahraich, shall remain stayed so far as the present applicants are concerned.

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10. The counsel for the State as well as learned counsel for the applicants shall inform this order to the opposite parties no.2."

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The case was again listed on 06.10.2025, on which date, on the request of learned counsel for the applicants, time was granted to ensure the compliance of the order dated 26.08.2025. However, none appears today on behalf of the applicants.

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The respondent no.2 is present today.

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The order-sheet reveals that the applicants are misusing the liberty of interim protection and the applicant no.1 failed to place the draft of sum of Rs. 25,000/- as ordered on 26.08.2025. Therefore, the applicant no.1 has not complied the directions of this Court.

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Accordingly, the present application is dismissed .

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The trial Court is directed to proceed in accordance with law and conclude the trial of the case in question expeditiously without giving any unnecessary adjournment to either of the parties.

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Office is directed to communicate this order to the trial Court, forthwith.

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(Rajeev Singh,J.)

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October 17, 2025

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Arpan

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

Rajkumar and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and Another

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Rajkumar and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko. and Another

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