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2015 DIGILAW 639 (ALL)

Santosh Kumar v. State of U. P Thru Principal Secy. , Home Lucknow

2015-03-30

AJAI LAMBA, AKHTAR HUSAIN KHAN

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JUDGMENT 1. Order dated 26.2.2015 reads as under: - "Heard learned counsel for the petitioners and learned A.G.A. This petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned FIR registered as Case Crime No.C-220 of 2014 under Sections 498-A, 323, 504, 506 I.P.C. and Section 3 /4 of Dowry Prohibition Act, Police Station Ram Sanehighat, District Barbanki and also for direction to the opposite parties not to arrest the petitioners in pursuance of the said impugned FIR. Learned counsel for the petitioners contends that the dispute between the parties is of matrimonial in nature. There is most likelihood that the dispute may be resolved between the petitioner No.1-Santosh Kumar and complainant-opposite party No.4 (Smt. Renu Devi) who are husband and wife, through mediation. Learned counsel for the petitioners, therefore, requests that matter be referred to the Mediation and Conciliation Centre. In view of the submission of the learned counsel for the petitioners, the petitioners are directed to deposit Rs.10,000/- (ten thousand) within a week from today. Out of the amount so deposited, Rs. 7,000/- (seven thousand) will be paid to the opposite party No. 4 (Smt. Renu Devi) and rest of the amount of Rs.3,000/- (three thousand) will be paid to the Mediation and Conciliation Centre. Issue notice to opposite party No.4 (Smt. Renu Devi) to appear before this Court on 23.3.2015 to apprise the Court as to whether she is agreeable in referring the dispute to the Mediation and Conciliation Centre. Steps may be taken within a week. List on 23.3.2015. On that date, the petitioner No.1 shall also appear before this Court. Till then, the petitioners (Santosh Kumar, Urmila Devi, Shiv Kumar, Preeti) shall not be arrested in the aforesaid case crime number. However, investigation of the case will go on and the petitioners will cooperate with the investigation. However, in case the petitioners fail to deposit the amount as mentioned above, they shall not be entitled for any interim protection." 2. Order extracted above was not complied by the petitioners. Under the circumstances order was passed on 23.3.2015, extract of which reads as under: - "Vide order dated 26.2.2015, the petitioners were required to make a deposit of Rs. 10,000/- in context of referring the matter for Mediation and Conciliation. The needful has not been done. Order extracted above was not complied by the petitioners. Under the circumstances order was passed on 23.3.2015, extract of which reads as under: - "Vide order dated 26.2.2015, the petitioners were required to make a deposit of Rs. 10,000/- in context of referring the matter for Mediation and Conciliation. The needful has not been done. Learned counsel appearing for the petitioners seeks one last opportunity till 30.3.2015 to enable the petitioners to make the deposit. Shri Anuj Dayal, Advocate has put in appearance for respondent no. 4 and has filed Power of Attorney, which is taken on record. List on 30.3.2015. It is made clear that in case deposit is not made by the said date in compliance of order dated 26.2.2015, the petition would be dismissed. The parties are required to remain present in court on the next date of listing." 3. None has put in appearance for the petitioner. Money required to be deposited in deference to order dated 26.2.2015 has also not been deposited. 4. It is apparent that the petitioners are not interested in prosecuting the case. 5. Petition is dismissed for want of prosecution. 6. Let copy of order be conveyed to concerned police station.