Kalpnath Verma and Another vs State of U.P. Thru. Secy. Home Lko. and Others

4. By means of this petition, the petitioners have assailed the impugned First Information Report (in short F.I.R.) dated 12.07.2025 lodged at F.I.R. / Case Crime No.0288 of 2025, under Sections 76, 115(2) & 127(2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Raunahi, District-Ayodhya, which is contained as Annexure No.1 to the writ petition.

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5. Learned counsel for the petitioners has stated that the present petitioners

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have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story so narrated in the impugned F.I.R.

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6. Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 10.07.2025 but the impugned F.I.R. has been lodged on 12.07.2025 without explaining the delay. The petitioner No.1 is father-in-law of the opposite party No.3 and the petitioner No.2 is husband of the opposite party No.3. The opposite party No.3 has been residing in her maternal house/ place for the last nine years and she denied to return to her in-laws place.

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7. Learned Additional Government Advocate has shown the copy of the statement of the victim/ opposite party No.3 recorded under Section 183 B.N.S.S. wherein she has levelled allegation against the present petitioners for demanding dowry and torturing her. At the same time, she has admitted that she is living in her maternal place for the last nine years. She has levelled some allegations against the petitioner No.1, who is an old aged father-in-law of the opposite party No.3.

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8. Learned counsel for the petitioners has stated that as a matter of fact the impugned F.I.R. is an outcome of matrimonial dispute and the same may be settled amicably through mediation, so this matter may be referred to the Mediation & Conciliation Centre of this Court for amicable settlement.

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9. It is trite law on the point that without seeking consent of the parties concerned, the matter may not be sent to the Mediation & Conciliation Centre for mediation, therefore, on the next date the petitioner No.1 (Ajay Kumar @ Ajay Kumar Verma) and opposite party No.3 (Sanju Verma) shall appear in person to apprise the Court as to whether they are agreeable to settle their dispute amicably through mediation.

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10. List this case on 09.09.2025. On the next date, the petitioner No.1 (Ajay Kumar @ Ajay Kumar Verma) shall produce a demand draft before the Court to the tune of Rs.30,000/- in the name of opposite party No.3 (Sanju Verma).

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11. Till the next date of listing, no coercive steps shall be adopted against

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the present petitioners pursuant to the impugned F.I.R..

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12. It is made clear that if the demand draft of the aforesaid amount is not produced by the petitioner No.1 before the Court, the benefit of this order shall not be made available to the present petitioners.

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13. Despite the notice being issued to the opposite party No.3, the Station House Officer, Police Station-Rudauli, District-Ayodhya shall inform about the order passed by this Court to the opposite party No.3 and shall ensure her presence before this Court on the date fixed.

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14. The learned Additional Government Advocate shall intimate the Station House Officer, Police Station-Rudauli, District-Ayodhya about the order passed by this Court telephonically or any other mode of service for its compliance.

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3. In compliance of the aforesaid order, petitioner no.2- Ajay Kumar @ Ajay Kumar Verma is present in person. However, opposite party no.3- Sanju Verma is not present nor any police officer/police personnel from PoliceStation- Rudauli, District- Ayodhya is present to apprise the court as to why the presence of opposite party no.3 could not be ensured.

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4. Sri Grijesh Kumar Dwivedi, learned A.G.A. has informed that though the aforesaid order has been intimated to the Commissioner of Police, Lucknow instead of Senior Superintendent of Police, Ayodhya, but on account of improper communication, no police officer from Ayodhya is present.

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5. Since learned counsel for the petitioner has informed that petitioner no.2Ajay Kumar @ Ajay Kumar Verma,who comes from Delhi, is present in Court with Demand Draft of Rs.30,000/-,therefore, the case is listed on 11.09.2025.

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6. On that date, petitioner no.2- Ajay Kumar @ Ajay Kumar Verma shall again appear in person alongwith Demand Draft of Rs.30,000/-.

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7. The Station House Officer, Police-Station- Rudauli, District- Ayodhya shall ensure the presence of opposite party no.3- Sanju Verma before this Court on 11.09.2025.

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8. Learned A.G.A. shall intimate this order to Station House Officer concerned forthwith for its compliance.

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9. Interim order to continue till the next date of listing. "

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In pursuance of earlier order, petitioner no.2- Ajay Kumar @ Ajay Kumar Verma, S/o Kalpnath Verma, R/o House No.B-6/239, Sector7, Rohini, North West Delhi, Delhi, 110085 and respondent no.3Sanju Verma, W/o Ajay Kumar Verma, R/o Village- Pasta, PostAbboopur, P.S.- & Tehsil- Rudauli, District- Ayodhya, 224116 are present in person along with Mr. Mushtak Shah, S.I. and Ms. Manorma Maurya, Lady Constable, P.S.- Rudauli, DistrictAyodhya.

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In compliance of aforesaid order, petitioner no.2 has produced a demand draft of Rs.30,000/- drawn in the name of respondent no.3. The receipt of which is taken on record.

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Learned counsel for the petitioners has submitted that the petitioner no.2 is willing to settle their dispute amicably through mediation at Mediation & Conciliation Centre of this Court. Therefore, the matter may be referred to the mediation.

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Respondent no.3 has accepted the demand draft and has stated that she is also willing to settle their dispute amicably through mediation at Mediation & Conciliation Centre of this Court.

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Since, the parties are agreeable to settle their dispute amicably through mediation, we hereby refer this matter to the Mediation & Conciliation Centre of this Court for mediation. The first date of session would be on 15.09.2025.

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The parties, i.e petitioner no.2- Ajay Kumar @ Ajay Kumar Verma, S/o Kalpnath Verma, R/o House No.B-6/239, Sector-7, Rohini, North West Delhi, Delhi, 110085 and respondent no.3- Sanju Verma, W/o Ajay Kumar Verma, R/o Village- Pasta, Post- Abboopur, P.S.- & Tehsil- Rudauli, District- Ayodhya, 224116 are directed to appear before Mediation & Conciliation Centre of this Court on 15.09.2025

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along with their original ID Cards. Both the parties shall co-operate in the mediation proceedings properly.

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