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2025 DIGILAW 184 (ALL)

Prem Shankar v. State of U. P.

2025-02-06

VIKAS BUDHWAR

body2025
JUDGMENT : Vikas Budhwar, J. 1. Heard Sri Sanjay Mishra, learned counsel for the applicants as well as Shri Vikash Sharma, learned State Law Officer for the State and perused the record with the assistance of learned counsel for the parties. 2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) as well as the impugned summoning order dated 27.11.2024 under Sections 323 and 506 IPC and Police Station-Rura, District Kanpur Dehat, pending before the court of Additional Civil Judge (C.D.) Court No.3/Additional Chief Judicial Magistrate, Kanpur Dehat. 3. The contention of the learned counsel for the applicants is that applicant No. 2 is the wife of the opposite party No. 2 and due to matrimonial discord, proceedings under Section 125 Cr.P.C. has been initiated and further applicant No.2 also initiated proceedings under Sections 498A, 323, 504, 506 IPC read with Section 3/4 Dowry Prohibition Act on 21.03.2024 and as a counterblast, now the impugned proceedings have been initiated by the opposite party No. 2-husband, on 15.05.2024. He submits that the applicants are innocent and the allegations are fabricated. 4. Learned counsel for the applicants has further argued that it's a no injury case and even in fact in case the matter is referred to Mediation and Conciliation Centre, High Court, Allahabad there are bright chances and all possibilities that the issue being settled between the parties and as obviously this matter emanates from the matrimonial dispute. 5. Accordingly, the matter is referred to Mediation & Conciliation Centre of this Court with the following directions (conditions):- (a) Office shall send a notice to the opposite party no.2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. (b) The Mediation Centre will submit its report in the matter within two months. 6. In addition to the same issue notice to the opposite party no. 2. 7. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter. 8. List this case on 12.05.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad. 9. 2. 7. All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder, if any, may be filed within two weeks thereafter. 8. List this case on 12.05.2025 in the additional cause list before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad. 9. Till the next date of listing, the further proceedings in Complaint Case No. 10716 of 2024 (Rama Shankar Vs. Prem Shankar and others) as well as the impugned summoning order dated 27.11.2024 under Sections 323 and 506 IPC and Police Station-Rura, District Kanpur Dehat pending before the court of Additional Civil Judge (C.D.) Court No.3/Additional Chief Judicial Magistrate, Kanpur Dehat in so far as it pertains to the applicants shall remain stayed. 10. It is made clear that in case, any condition so entrusted upon the applicants is not complied with within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicants in accordance with law.