Smt. Suryaprabha vs State of U.P. Thru. the Secy. Deptt. of Home, Lko. and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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TRANSFER APPLICATION (CRIMINAL) No. - 83 of 2024

Smt. Suryaprabha

.....Applicant(s)

Versus

State Of U.P. Thru. The Secy. Deptt. Of Home, Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Uday Pratap Singh, Mayank Tiwari, Ram Chandra Dwivedi Counsel for Opposite Party(s) : G.A., Amit Srivastava, Anand Dubey

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Court No. - 14

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HON'BLE RAJEEV SINGH, J.

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Counter affidavit filed by the learned counsel for the private respondent is taken on record.

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Heard learned counsel for the applicant, Ms. Saumya Tiwari, Advocate holding brief of Sri Amit Srivastava and learned A.G.A. for the State.

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The present application is filed with the prayer to pass an order thereby to transfer the Complaint Case No.66715 of 2022 under Section 138 of N.I. Act, Police Station - Gomti Nagar, District Lucknow, pending in the Court of Special Judge, N.I. Act, Lucknow to competent court at District - Ayodhya.

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In pursuance of earlier order, applicant as well as private respondent are present before this Court.

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Learned counsel for the applicant submits that marriage of applicant was solemnized with the son of the private respondent and as her husband died, thereafter, on the basis of concocted facts, complaint of the case in question was filed by the private respondent. He further submits that deponent is a lady and residing at Ayodhya and the case in question is going on at Lucknow before the competent court, therefore, trial of the case in question may be transferred to the Judgeship, Ayodhya, where two cases related to the Domestic Violence Act and Dowry Prohibition Act lodged by the

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TACR No. 83 of 2024

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2

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applicant are going on against the private respondent.

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The private respondent present before this Court states that marriage marriage of the applicant was solemnized within his son on 8.5.2006, thereafter, private respondent and his son facilitated the applicant for getting employment, as a result, she was appointed as Assistant Teacher on 11.2.2009. He also states that cheques in question were given by the applicant and when same were placed before the Bank, both were dishonored and only with the intention to harass the private respondent and other family members on the basis of concocted facts, she has filed two cases. He further states that he is a retired old age person, therefore, trial of the case should not be transferred.

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At this stage, applicant is ready to settle the dispute through mediation before the Mediation and Conciliation Center of this Court.

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As the case is related to the N.I. Act, therefore, possibility of settlement cannot be ruled out when the parties are willing to settle the dispute before the mediation center.

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Accordingly, list this case on 23.3.2026 before the Mediation and Conciliation Center of this Court.

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On the next date, applicant as well as private respondent shall appear before the Mediation and Conciliation Center of this Court alonwith their original I.D.'s.

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List this case on 4.5.2026 alongwith the mediation report.

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The applicant is further directed to deposit Rs.50,000/- within ten days before the Mediation and Conciliation Center of this Court and same will be adjusted, in case, mediation is succeeded.

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Till the next date of listing, no coercive action shall be taken against the applicants.

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(Rajeev Singh,J.)

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February 4, 2026

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GauraV/-

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

Smt. Suryaprabha v. State of U.P. Thru. the Secy. Deptt. of Home, Lko. and Another

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Smt. Suryaprabha v. State of U.P. Thru. the Secy. Deptt. of Home, Lko. and Another

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