Allahabad High Court
/9197/2024 of RAVIKAR VERMA AND 2 OTHERS Vs STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER on 22 November 2024
No. - 2024:AHC-LKO:77690 Court No. - 13 Case :- APPLICATION U/S 482 No. - 9197 of 2024 Applicant :- Ravikar Verma And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Aishwarya Pratap Singh,Manish Kumar Yadav Counsel for Opposite Party :-
Court No. - 13
Case :- APPLICATION U/S 482 No. - 9197 of 2024
Applicant :- Ravikar Verma And 2 Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Aishwarya Pratap Singh,Manish Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
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1. Vakalatnama filed by Sri Upendra Prakash Pathak, Advocateon behalf of opposite party no.2 is taken on record.
2. Heard.
3. The instant application has been filed by the applicants withprayer to quash the summoning order dated 10.04.2024 in Crl.Case No. 115 of 2024 as well as charge-sheet dated 06.10.2023filed in F.I.R. No. 27 of 2023, Police Station- Mahila Thana andall consequential further proceedigs in the Case No. 115 of2024 pending in the Court of Civil Judge, (J.D.), CourtNo.43/F.T.C., Barabanki.
4. On 24.10.2024, following order was passed:- "1. Heard learned counsel for the parties.
2. The present application has been filed by the applicants with prayer toquash the summoning order dated 10.04.2024 passed in Crl. Case No. 115of 2024 and charge-sheet dated 06.10.2023 filed in F.I.R. No. 27 of 2023,Police Station- Mahila Thana along with all consequential consequentialfurther proceedings in the Case No. 115 of 2024 pending in the Court ofCivil Judge, (J.D.), Court No.43/F.T.C., Barabanki.
3. Learned counsel for the applicants submits that marriage of applicantno.1 was solemnized with opposite party no.2 as per the Hindu rites andrituals on 21.11.2019. However, after marriage ceremony was performed,i.e, on the next day, the opposite party 2 (bride) was not sent with theapplicant no.1 on the pretext that there is no custom of sending the brideto their matrimonial home and the bride can only be sent at the time of'Gauna'. Learned counsel for applicants further submits that the oppositeparty 2 was suffering from hip tuberculosis and that is why she was not ina position to even stand properly, and therefore, she did not come to thehouse of applicant no.1. As a result, a petition under Section 13 of theHindu Marriage Act was filed by the applicants and only when the noticeswere issued to the private respondent, the FIR in question was lodged. Asthis is a matrimonial dispute, submission of learned counsel for theapplicants is that there is every possibility of settlement between the parties, and therefore, matter may be sent to the Mediation Centre of thisCourt.
4. Learned A.G.A. has no objection, in case, the matter is sent to theMediation Centre.
5. Considering the arguments advanced by the learned counsel for theapplicant as well as learned A.G.A. and going through the contents ofF.I.R., charge sheet, summoning order and other documents, it is evidentthat the issue in question arises due to matrimonial dispute.
6. Issue notice to respondent no. 2.
7. List this case on 22.11.2024, on which date, applicant no. 1 andrespondent no. 2 shall remain present before this Court.
8. Station House Officer, P.S. Mahila Thana, District Barabanki shallensure the presence of respondent no. 2 before this Court on the next date.
9. Applicant no. 1 is directed to deposit a sum of Rs.40,000/- before theSenior Registrar of this Court within two weeks from today.
10. Till the next date of listing, no coercive steps shall be taken against theapplicants.
11. In case, the applicant no. 1 fails to deposit the amount, as aforesaid,this interim order shall automatically stand vacated."
5. Learned counsel for the applicants informs that the applicantno.1 was unable to deposit sum of Rs. 40,000/- as ordered on24.10.2024 due to financial crisis and today he requests that heis ready to deposit sum of Rs. 30,000/-.
6. However, client of learned counsel for the applicants, who ispresent today before this Court, again expressed his inability todeposit sum of Rs. 30,000/- and also requested for granting himfurther time in that regard.
7. Respondent no.2 is also present today before this Court alongwith Sub Inspector, namely, Mrs. Chanda Yadav. She expressedher willingness to join the company of applicant no.1. Theapplicant no.1 also narrated several complaints against her.
8. Therefore, this Court is of the view that as the order dated24.10.2024 was not complied with regarding depositing the saidamount as ordered, the applicants are not entitled to get anyrelief.
9. In view of above, the application is dismissed.
10. The trial Court is directed to conclude the proceedings ofthe case in question expeditiously without giving anyunnecessary adjournment to either of the parties.
11. Office is directed to communicate this order to learned trialCourt, forthwith.
Order Date :- 22.11.2024Arpan