Nainsi Omar v. Manish Agarwal) U
Case Details
Neutral Citation No. - 2025:AHC:77102 Court No. - 73 Case :- APPLICATION U/S 482 No. - 22247 of 2024 Applicant :- Manish Agarwal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar,Raj Kumar Singh,Vinod Kumar Yadav,Virendra Bahadur Singh,Vishesh Kumar Counsel for Opposite Party :- Alok Ranjan Tripathi,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Vishesh Kumar, learned counsel for the applicant and learned AGA for the State as well as Shri Alok Ranjan Tripathi, counsel for opposite party no. 2. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the the Summoning order dated 08-02-2024 in complaint Case No. 9158 of 2023 (Nainsi Omar Vs. Manish Agarwal) U/s 498-A IPC and 3/4 D.P. Act, P.S. Akbarpur, District Kanpur Dehat pending in the court Judicial Magistrate, 1st Kanpur Dehat. 3. This Court on 15.10.2024 proceeded to pass the following orders:
Legal Reasoning
"1. Heard Sri Vinod Kr. Yadav, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No. 9158 of 2023 (Nainsi Omar vs. Manish Agarwal), u/s 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Akbarpur, District Kanpur Dehat, along with summoning order 8.2.2024. 3. Contention of learned counsel for the applicant is that the present dispute is a matrimonial dispute between husband and wife which can be settled through mediation, therefore, this matter may be referred to the Mediation Centre, Allahabad High Court. 4. Considering the above request, the present matter is referred to the Mediation Centre, High Court Allahabad, subject to the condition that the applicant will deposit a sum of Rs. 25,000/- within two weeks from today with the Mediation Centre out of which Rs.20,000/- shall be paid to opposite party no.2 on her appearance before the Mediation Centre on a date to be fied by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses. 5. Issue notice to opposite party No.2. 6. After depositing the aforesaid amount within aforementioned time, notices shall be issued to the parties fixing some date for mediation and the Mediation Centre shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months. 7. List on 4.12.2024. 8. It is further provided, if applicant files receipt of deposit of the aforesaid amount before the court below then no coercive action shall be taken against him in Complaint Case No. 9158 of 2023 (Nainsi Omar vs. Manish Agarwal), u/s 498-A I.P.C. and Section 3/4 D.P. Act, P.S. Akbarpur, District Kanpur Dehat, till the next date of listing. 9. It is made clear that in case there occurs default by the applicant either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate to the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter. 10. It is also made clear that in case the applicant fail to submit the receipt of the aforesaid deposit before the court below then the court below is free to proceed against the applicant." 4. There is an office report dated 02.05.2025, according to which, the parties have entered into agreement wherein they would live together as husband and wife and so far as the Condition No. 7F and 7G are concerned, the parties would withdraw all the litigations which is inter se pending as of date between them. 5. A counter affidavit has been filed by Shri Alok Ranjan Tripathi on behalf of the opposite party no. 2 in which para 11, it has been asserted that with respect to Case No. 454 of 2023 (Smt. Nancy Omar v. Manish Agarwal) under Section 9 of the Hindu Marriage Act, Criminal Revision No. 363 of 2024 (Smt. Nancy Omar v. State of U.P. and 3 others) under Section 397 Cr.P.C. and Case No. 1244 of 2024 (Smt. Nancy Omar v. Manish Agarwal) under Section 12 of the Domestic Violence Act, opposite party no. 2 has been preferred for withdrawal of application which is appended as Annexure-2 to the counter affidavit. In para-12, it has been asserted that so far as the proceedings lodged by the applicant faction is concerned, they are three in number being Case Crime No. 668 of 2023 (Manish Agrawal v. Smt. Nancy Omar) under Section 13 of the Hindu Marriage Act, Case No. 481 of 2024 (Smt. Poonam Agrawal v. Smt. Nancy Omar) under Section 12 of the Domestic Violence Act and Case No. 596 of 2024 (Sanjay Sharma v. Smt. Nancy Omar) under Section 500 and 501 IPC read with Section 356 of the BNS is concerned. None of the said cases have been withdrawn. 6. Learned counsel for the applicant has produced the Court a compendium of documents, according to which, insofar as the proceedings in Case No. 668 of 2023 (Manish Agrawal v. Smt. Nancy Omar) is concerned, already an application for withdrawing of the said proceedings have been preferred and which was taken notice by the Court of Family Court, Bareilly in proceedings in Case No. 668 of 2023 vide order dated 01.05.2025, certified copy of the order has been shown to the counsel for the opposite party no. 2 and he has no objection regarding the steps taken by the applicant herein. Insofar as Case No. 481 of 2024 is concerned, already application has been submitted for deciding the case in the light of the compromise entered into between the Allahabad High Court, Mediation Centre. A copy has been shown to the learned counsel for the opposite party no. 2 who also is satisfied that proceedings had already been undertaken. Insofar as Case No. 596 of 2024, under Section 500 and 501 of IPC read with Section 356 of BNS is concerned. It is admitted to the parties that the said proceeding has been lodged by one Sanjay Sharma who was not a party for mediation before the Allahabad High Court, Mediation Centre. However, learned counsel for the applicant has made a statement as per the instructions from his client that the applicant here will take all possible steps for getting the said matter withdrawn and he would not recile from the said conditions. 7. Learned counsel for the opposite party no. 2 submits that it would suffice. 8. Considering the submissions so made and after perusing the record, this Court finds no reason to proceed with the matter. 9. Accordingly, the proceedings in complaint Case No. 9158 of 2023 (Nainsi Omar Vs. Manish Agarwal), under Section 498-A IPC and 3/4 D.P. Act, P.S. Akbarpur, District Kanpur Dehat pending in the court Judicial Magistrate, 1st Kanpur Dehat is set aside. 10. The matter stands remitted back to pass fresh order strictly in accordance with law.
Decision
11. Accordingly, the application stands disposed of. 12. The compendium of documents are taken on record and marked as 'A' and 'B' Order Date :- 12.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad