Surendra Singh and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Instant application has been filed with the prayer to quash the proceedings of Criminal Case No. 38811 of 2025: State Vs. Surender Singh & Others, under sections 115(2), 351(2), 118(1), 118(2), 352 BNS, pending in theCourt of Upper Civil Judge (Junior Division) / Judicial Magistrate (Court Room No. 1), Gonda against the present Applicants, in illegal and arbitrary manner. It is further prayed to quash the summoning order dated 24/12/2025, issued against the present Applicants, in Criminal Case No. 38811 of 2025: State Vs. Surender Singh & Others, under sections 115(2), 351(2), 118(1), 118(2), 352 BNS, by the Court of Upper Civil Judge (Junior Division) / Judicial Magistrate (Court Room No. 1), Gonda to face the trial of said case, without application of mind (which is annexed as Annexure No. 1 to the Petition).

¶15

Submission of learned counsel for the applicants is that the applicants are the brothers of the opposite party no. 2 and there is a family dispute in between the parties. He submitted that initially the applicants instituted an application under section 156(3) of Cr.P.C. against the opposite party no. 2, whereafter, on the direction of the learned trial court, the first information report was lodged and in retaliation thereof, the present first information report has been lodged.

¶16

After the aforesaid arguments, learned counsel for the applicants submitted that the dispute is in between the parties and the matter could amicably be settled for all time to come if this Hon'ble Court may be pleased to refer the matter to the Mediation and Conciliation Centre of this court.

¶17

Learned counsel for the State has no objection to the contentions aforesaid.

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NA528 No. 1505 of 2026

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2

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In view of the above, let notice be issued to opposite party no. 2 returnable at an early date.

¶21

Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter on 26-05-2026.

¶22

The opposite party no. 2 is directed to appear before this court either himself or through his counsel on the said date so as his willingness for referral of the matter to the Mediation Centre could be recorded.

¶23

Learned counsel for the applicants shall fetch a bank draft of Rs. 25,000/- drawn in favour of the Registrar, Mediation and Conciliation Centre of this court by the next date.

¶24

Till the next date of listing, the proceedings arising out of Criminal Case No. 38811 of 2025: State Vs. Surender Singh & Others, under sections 115(2), 351(2), 118(1), 118(2), 352 BNS, pending in the Court of Upper Civil Judge (Junior Division) / Judicial Magistrate (Court Room No. 1), Gonda, shall remain stayed so far as the present applicants are concerned."

¶25

The opposite party no. 2 appears in person and on query being asked, he submitted that he is not ready for amicable settlement of the dispute as he has lost his one eye in the occurrence of the offence.

¶26

Submission of learned counsel for the applicants is that the applicants have already been granted bail, therefore, they may be given liberty to move discharge application. He further submits that the trial court may be directed to decide the discharge application of the applicants within stipulated period of time, as may be fixed by this Court.

¶27

Learned AGA for the State has no objection to the aforesaid submission.

¶28

In view of aforesaid, the applicants are permitted to file an application for discharge before the trial court within a period of two weeks from today and if such an application is filed, the same shall be considered and decided within a further period of 30 days, strictly in accordance with law.

¶29

Liberty is also given to the applicants to move an application under Section 317 Cr.P.C. for exemption of their presence before the trial court.

¶30

With the aforesaid observations, the present application is disposed of.

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May 26, 2026 AKS

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(Shree Prakash Singh,J.)

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Surendra Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Surendra Singh and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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