Others v. State Of U.P. Thru. Prin. Secy. Of Home Lko. And Another
Case Details
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned orders dated 13.6.2025 and 7.8.2025 passed by the Additional Civil Judge (Sr.Div.)-I/Additional Chief Judicial Magistrate, Raebareli, in Criminal Case No. 1400107 of 2013 "State verus Sushil Kumar & others" arising out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli whereby issued Non- bailable Warrant and initiated proceeding under section 82 Cr.P.C. respectively against petitioners and also quash the entire proceeding of Criminal Case No. 1400107 of 2013 "State versus Sushil Kumar & others" under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act,pending before the court of Additional Civil Judge(Sr. Div.)-I /Additional Chief Judicial Magistrate, Raebareli. It is argued by the learned counsel for the applicants the applicant no. 2 is Father-in- law about 72 years of age and the applicant no. 3 is Mother-in-law about 70 years of age. He submits that the matter is arising out of a matrimonial dispute and the first information report is lodged about 13 years ago. He added that as per the information from reliable resources, the other side has performed marriage to someone else. He next submitted that the purpose would be sub-served, if this Hon'ble Court may be pleased to refer the matter to the Mediation and Conciliation Centre of this court. 2 A482 No. 7615 of 2025 On the other hand, learned A.G.A. appearing for the State has opposed the case on merit, but, he does not refute the contention so as the referral of the matter to the Mediation and Conciliation Centre of this court is concerned. For the foregoing reasons and submissions, let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within two days. If the steps are taken, the office shall proceed accordingly. List/put up this matter on 26-09-2025 at 02.15 P.M. The opposite party no. 2/informant is directed to remain present before this court on the said date. The applicants shall fetch a bank draft of Rs. 20,000/- drawn in favour of opposite party no. 2 before this court on the next date fixed. Till the next date of listing, the criminal proceedings arising out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli, shall remain stayed so far as the present applicants are concerned. " As the demand draft of Rs. 20,000/- is placed before this Court by the learned counsel for the applicant but no one is present. On 26.09.2025, following order was passed:- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. On 10-09-2025, the following order was passed :- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned orders dated 13.6.2025 and 7.8.2025 passed by the Additional Civil Judge (Sr.Div.)-I/Additional Chief Judicial Magistrate, Raebareli, in Criminal Case No. 1400107 of 2013 "State verus Sushil Kumar & others" arising 3 A482 No. 7615 of 2025 out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli whereby issued Non- bailable Warrant and initiated proceeding under section 82 Cr.P.C. respectively against petitioners and also quash the entire proceeding of Criminal Case No. 1400107 of 2013 "State versus Sushil Kumar & others" under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act,pending before the court of Additional Civil Judge(Sr. Div.)-I /Additional Chief Judicial Magistrate, Raebareli. It is argued by the learned counsel for the applicants the applicant no. 2 is Father-in- law about 72 years of age and the applicant no. 3 is Mother-in-law about 70 years of age. He submits that the matter is arising out of a matrimonial dispute and the first information report is lodged about 13 years ago. He added that as per the information from reliable resources, the other side has performed marriage to someone else. He next submitted that the purpose would be sub-served, if this Hon'ble Court may be pleased to refer the matter to the Mediation and Conciliation Centre of this court. On the other hand, learned A.G.A. appearing for the State has opposed the case on merit, but, he does not refute the contention so as the referral of the matter to the Mediation and Conciliation Centre of this court is concerned. For the foregoing reasons and submissions, let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within two days. If the steps are taken, the office shall proceed accordingly. List/put up this matter on 26-09-2025 at 02.15 P.M. The opposite party no. 2/informant is directed to remain present before this court on the said date. The applicants shall fetch a bank draft of Rs. 20,000/- drawn in favour of opposite party no. 2 before this court on the next date fixed. Till the next date of listing, the criminal proceedings arising out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli, shall remain stayed so far as the present applicants are concerned." 4 A482 No. 7615 of 2025 In compliance of the order aforesaid, learned counsel for the applicants has fetched the bank draft bearing no. 09626 dated 25-09-2025 amounting to Rs. 20,000/- drawn in favour of opposite party no. 2 before this court. The notice was issued to opposite party no. 2, but, neither the opposite party no. 2 nor her counsel is present. In view of aforesaid, list/put up this matter on 14-10-2025 at 02.15 P.M. Learned counsel for the applicants shall again fetch the aforesaid bank draft before this court on the next date. The interim order granted earlier is extended till the next date of listing. " Despite service on the private respondent, no one is present. List this case in the week commencing 17.11.2025. Interim order granted earlier shall continue till the next date of listing. October 14, 2025 Anurag (Rajeev Singh,J.)
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned orders dated 13.6.2025 and 7.8.2025 passed by the Additional Civil Judge (Sr.Div.)-I/Additional Chief Judicial Magistrate, Raebareli, in Criminal Case No. 1400107 of 2013 "State verus Sushil Kumar & others" arising out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli whereby issued Non- bailable Warrant and initiated proceeding under section 82 Cr.P.C. respectively against petitioners and also quash the entire proceeding of Criminal Case No. 1400107 of 2013 "State versus Sushil Kumar & others" under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act,pending before the court of Additional Civil Judge(Sr. Div.)-I /Additional Chief Judicial Magistrate, Raebareli. It is argued by the learned counsel for the applicants the applicant no. 2 is Father-in- law about 72 years of age and the applicant no. 3 is Mother-in-law about 70 years of age. He submits that the matter is arising out of a matrimonial dispute and the first information report is lodged about 13 years ago. He added that as per the information from reliable resources, the other side has performed marriage to someone else. He next submitted that the purpose would be sub-served, if this Hon'ble Court may be pleased to refer the matter to the Mediation and Conciliation Centre of this court. 2 A482 No. 7615 of 2025 On the other hand, learned A.G.A. appearing for the State has opposed the case on merit, but, he does not refute the contention so as the referral of the matter to the Mediation and Conciliation Centre of this court is concerned. For the foregoing reasons and submissions, let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within two days. If the steps are taken, the office shall proceed accordingly. List/put up this matter on 26-09-2025 at 02.15 P.M. The opposite party no. 2/informant is directed to remain present before this court on the said date. The applicants shall fetch a bank draft of Rs. 20,000/- drawn in favour of opposite party no. 2 before this court on the next date fixed. Till the next date of listing, the criminal proceedings arising out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli, shall remain stayed so far as the present applicants are concerned. " As the demand draft of Rs. 20,000/- is placed before this Court by the learned counsel for the applicant but no one is present. On 26.09.2025, following order was passed:- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. On 10-09-2025, the following order was passed :- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the impugned orders dated 13.6.2025 and 7.8.2025 passed by the Additional Civil Judge (Sr.Div.)-I/Additional Chief Judicial Magistrate, Raebareli, in Criminal Case No. 1400107 of 2013 "State verus Sushil Kumar & others" arising 3 A482 No. 7615 of 2025 out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli whereby issued Non- bailable Warrant and initiated proceeding under section 82 Cr.P.C. respectively against petitioners and also quash the entire proceeding of Criminal Case No. 1400107 of 2013 "State versus Sushil Kumar & others" under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act,pending before the court of Additional Civil Judge(Sr. Div.)-I /Additional Chief Judicial Magistrate, Raebareli. It is argued by the learned counsel for the applicants the applicant no. 2 is Father-in- law about 72 years of age and the applicant no. 3 is Mother-in-law about 70 years of age. He submits that the matter is arising out of a matrimonial dispute and the first information report is lodged about 13 years ago. He added that as per the information from reliable resources, the other side has performed marriage to someone else. He next submitted that the purpose would be sub-served, if this Hon'ble Court may be pleased to refer the matter to the Mediation and Conciliation Centre of this court. On the other hand, learned A.G.A. appearing for the State has opposed the case on merit, but, he does not refute the contention so as the referral of the matter to the Mediation and Conciliation Centre of this court is concerned. For the foregoing reasons and submissions, let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within two days. If the steps are taken, the office shall proceed accordingly. List/put up this matter on 26-09-2025 at 02.15 P.M. The opposite party no. 2/informant is directed to remain present before this court on the said date. The applicants shall fetch a bank draft of Rs. 20,000/- drawn in favour of opposite party no. 2 before this court on the next date fixed. Till the next date of listing, the criminal proceedings arising out of Case Crime No. 152 of 2012 under sections 498A, 307, 506 of IPC and section 3/4 of D.P. Act, Police Station- Unchahar, District- Raebareli, shall remain stayed so far as the present applicants are concerned." 4 A482 No. 7615 of 2025 In compliance of the order aforesaid, learned counsel for the applicants has fetched the bank draft bearing no. 09626 dated 25-09-2025 amounting to Rs. 20,000/- drawn in favour of opposite party no. 2 before this court. The notice was issued to opposite party no. 2, but, neither the opposite party no. 2 nor her counsel is present. In view of aforesaid, list/put up this matter on 14-10-2025 at 02.15 P.M. Learned counsel for the applicants shall again fetch the aforesaid bank draft before this court on the next date. The interim order granted earlier is extended till the next date of listing. " Despite service on the private respondent, no one is present. List this case in the week commencing 17.11.2025. Interim order granted earlier shall continue till the next date of listing. October 14, 2025 Anurag (Rajeev Singh,J.)