Smt. Ankita Patel v. Dheerendra Sachan and others), under section
Case Details
Applicant :- Smt. Geeta And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.,Shaym Dhar Yadav Hon'ble Vikas Budhwar,J.
1. Heard Shri Vishnu Kant Tiwari, learned counsel for the applicant in leading and connected applications and Sri S.P. Singh, learned State Law Officer for the State as well as learned counsel for the opposite party no. 2.
2. The leading application has been preferred for following reliefs: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and to quash the impugned Summoning Order dated 21.01.2023, passed by Civil Judge, Junior Division/F.T.C, Jalaun at Orai, in Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under section 498A, 323, 504, 506, IPC and 3/4 DP Act., in view of the compromise dated 30.05.2025, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury. And it is further prayed to this Hon'ble Court may graciously be pleased to stay the further proceeding of the Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under section 498A, 323, 504, 506, IPC and 3/4 DP Act, Pending before the Civil Judge, Junior Division/F.T.C, Jalaun at Orai, during the pendency of the present application."
3. As regards, the connected application, the same has been preferred for seeking following reliefs: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and to quash the impugned Summoning Order dated 21.01.2023, passed by Civil Judge, Junior Division/F.T.C. Jalaun at Orai, in Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under Section 498A, 323, 504, 506, IPC and 3/4 DP Act., and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury. And it is further prayed to this Hon'ble Court may graciously be pleased to stay the further proceeding of the Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under section 498A, 323, 504, 506, IPC and 3/4 DP Act, pending before the Civil Judge, Junior Division/F.T.C, Jalaun at the Orai, during application." 4. In the connected application, on 02.05.2023 the following orders were passed: "This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings of Complaint Case No. 08 of 2022, Smt. Ankita Patel v. Dheerendra Sachan and others, under Sections 498-A, 323, 504 and 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station - Kotwali Orai, District - Jalaun, pending in the Court of the Fast Track Court/Judicial Magistrate, Jalaun at Orai. Applicant no. 1 is the mother of Dheerendra Sachan, whereas applicant no. 2 Pravendra is his brother. Opposite party no. 2, Smt. Ankita Patel and Dheerendra Sachan are an estranged couple. The applicants through their Counsel have undertaken before this Court that they will take the second opposite party's husband, Dheerendra Sachan to the mediation table and make efforts to bring about a reconciliation amicably. Without going into the merits of the applicants' case at this stage, it is desirable that the parties be required to attempt a reconciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Centre. Learned Counsel for the applicants is in agreement with the aforesaid course of action. It is directed that applicants shall deposit a sum of Rs. 20,000/- within three weeks from today with the Mediation Centre of this Court, of which Rs. 8,000/- would be paid to the opposite party no. 2 for appearance before the Mediation Centre. Upon deposit aforesaid being made good, the Mediation Centre shall issue notice to both the parties, fixing an early date for appearance and further proceedings before the Centre. The Mediation Centre shall submit their report within two months from the date parties are required to first appear before the Centre. Thereafter, the case shall be listed before the Court on 27.07.2023. Till the next date of listing, further proceedings in Complaint Case No. 08 of 2022, Smt. Ankita Patel v. Dheerendra Sachan and others, under Sections 498-A, 323, 504 and 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station - Kotwali Orai, District - Jalaun, pending in the Court of the Fast Track Court/Judicial Magistrate, Jalaun at Orai, shall remain stayed. In case, the sum of money is not deposited as directed, the interim order granted above shall automatically stand vacated."
5. There is a mediation report that the parties have not appeared on
02.09.2023.
6. Learned counsel for the applicants in the leading application submits that the parties have themselves compromised out of the Court on 30.05.2025 (Annexure-4 at page 33) and onwards reference whereof has been made in paragraph no. 17 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded.
7. Learned AGA on the other hand submits that he has no objection to the same.
8. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Civil Judge, Junior Division/F.T.C, Jalaun at Orai while filing the original copy of compromise application and a self-attested copy of the leading and connected applications and certified copy of the order passed today by 25.07.2025.
9. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.
10. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under Section 498A, 323, 504, 506, IPC and 3/4 DP Act.
10. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.
11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 10.7.2025 A. Prajapati
Applicant :- Smt. Geeta And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.,Shaym Dhar Yadav Hon'ble Vikas Budhwar,J.
1. Heard Shri Vishnu Kant Tiwari, learned counsel for the applicant in leading and connected applications and Sri S.P. Singh, learned State Law Officer for the State as well as learned counsel for the opposite party no. 2.
2. The leading application has been preferred for following reliefs: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and to quash the impugned Summoning Order dated 21.01.2023, passed by Civil Judge, Junior Division/F.T.C, Jalaun at Orai, in Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under section 498A, 323, 504, 506, IPC and 3/4 DP Act., in view of the compromise dated 30.05.2025, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury. And it is further prayed to this Hon'ble Court may graciously be pleased to stay the further proceeding of the Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under section 498A, 323, 504, 506, IPC and 3/4 DP Act, Pending before the Civil Judge, Junior Division/F.T.C, Jalaun at Orai, during the pendency of the present application."
3. As regards, the connected application, the same has been preferred for seeking following reliefs: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and to quash the impugned Summoning Order dated 21.01.2023, passed by Civil Judge, Junior Division/F.T.C. Jalaun at Orai, in Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under Section 498A, 323, 504, 506, IPC and 3/4 DP Act., and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury. And it is further prayed to this Hon'ble Court may graciously be pleased to stay the further proceeding of the Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under section 498A, 323, 504, 506, IPC and 3/4 DP Act, pending before the Civil Judge, Junior Division/F.T.C, Jalaun at the Orai, during application." 4. In the connected application, on 02.05.2023 the following orders were passed: "This is an application under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings of Complaint Case No. 08 of 2022, Smt. Ankita Patel v. Dheerendra Sachan and others, under Sections 498-A, 323, 504 and 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station - Kotwali Orai, District - Jalaun, pending in the Court of the Fast Track Court/Judicial Magistrate, Jalaun at Orai. Applicant no. 1 is the mother of Dheerendra Sachan, whereas applicant no. 2 Pravendra is his brother. Opposite party no. 2, Smt. Ankita Patel and Dheerendra Sachan are an estranged couple. The applicants through their Counsel have undertaken before this Court that they will take the second opposite party's husband, Dheerendra Sachan to the mediation table and make efforts to bring about a reconciliation amicably. Without going into the merits of the applicants' case at this stage, it is desirable that the parties be required to attempt a reconciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Centre. Learned Counsel for the applicants is in agreement with the aforesaid course of action. It is directed that applicants shall deposit a sum of Rs. 20,000/- within three weeks from today with the Mediation Centre of this Court, of which Rs. 8,000/- would be paid to the opposite party no. 2 for appearance before the Mediation Centre. Upon deposit aforesaid being made good, the Mediation Centre shall issue notice to both the parties, fixing an early date for appearance and further proceedings before the Centre. The Mediation Centre shall submit their report within two months from the date parties are required to first appear before the Centre. Thereafter, the case shall be listed before the Court on 27.07.2023. Till the next date of listing, further proceedings in Complaint Case No. 08 of 2022, Smt. Ankita Patel v. Dheerendra Sachan and others, under Sections 498-A, 323, 504 and 506 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961, Police Station - Kotwali Orai, District - Jalaun, pending in the Court of the Fast Track Court/Judicial Magistrate, Jalaun at Orai, shall remain stayed. In case, the sum of money is not deposited as directed, the interim order granted above shall automatically stand vacated."
5. There is a mediation report that the parties have not appeared on
02.09.2023.
6. Learned counsel for the applicants in the leading application submits that the parties have themselves compromised out of the Court on 30.05.2025 (Annexure-4 at page 33) and onwards reference whereof has been made in paragraph no. 17 of the application. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded.
7. Learned AGA on the other hand submits that he has no objection to the same.
8. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Civil Judge, Junior Division/F.T.C, Jalaun at Orai while filing the original copy of compromise application and a self-attested copy of the leading and connected applications and certified copy of the order passed today by 25.07.2025.
9. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition.
10. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Complaint Case No.08/2022 (Smt. Ankita Patel Vs. Dheerendra Sachan and others), under Section 498A, 323, 504, 506, IPC and 3/4 DP Act.
10. In the event of default of any of the conditions by the applicant as referred to above, the interim protection shall stand vacated without reference to the Bench.
11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 10.7.2025 A. Prajapati