High Court · 2025

Learned A.G.A. points out that the First Information Report has been lodged in the year 2022, wherein after completion of investigation the chargesheet has been submitted against the applicants on 2.5.2022 and applicants have been summoned on 22.12.2022. Learned A.G.A. has also pointed out that that the grounds have been taken in the application are that the present case has been lodged as a counter blast to the case filed under Section 9 of the Hindu Marriage Act, which has no legs to stand as the case has been filed on 10.9.2023, which is subsequent to the present F.I.R. lodged on 13.4.2022. On 16.01.2025 the following order was passed:- "Learned counsel for the applicants submits that dispute between the parties is matrimonial and there are fair chances of amicable settlement between the parties, therefore, the matter may be referred to mediation centre. He further submits that applicants are ready to deposit Rs.20,000/- before the Mediation Centre to show their bona fide, on the next date. In view of the above, learned counsel for the applicants is directed to come up with a Demand Draft of Rs.20,000/- in the name of Registrar General A/C High Court Allahabad Mediation and Conciliation Centre, on the next date fixed i.e. 31.01.2025. Put up as fresh on 31.01.2025." This Court feels that on 16.01.2025 learned counsel for the applicants appeared before the Court, mentioning that there are chances of amicable settlement between the parties, therefore, the matter may be referred to mediation centre and the applicants are ready to deposit Rs. 20,000/- before the Mediation Centre to show their bona fide on the next date. The applicants were directed to come up with a Demand Draft of Rs. 20,000/- in the name of Registrar General A/C High Court Allahabad Mediation and Conciliation Centre, on the next date fixed, i.e. 31.01.2025. Today when the matter was taken up, learned counsel for the applicants is not present. There is nothing on record to show that the applicants are not avoiding to face trial and the fact that the counsel for the applicants is not present even in the revised call to comply with the earlier order of this Court also reveals that the applicants are avoiding this Court also. The proceedings of the court have been held up on account of non appearance of the applicants and as such the applicants are fleeing from the process of law without any reasonable cause. It is to be seen that in the present case the applicants have been summoned 22.12.2022. However, the applicants have not appeared before the court concerned in pursuance to the aforesaid summoning order. The proceedings of the court concerned have been held up on account of non appearance of the applicants and as such the applicants are fleeing from the process of law without any reasonable cause. "Fleeing from justice" refers to the act of accused in evading or avoiding arrest, prosecution, or punishment for a crime. An accused in aforesaid act tries to avoid facing criminal prosecution by often avoiding summons, warrants and other process issued by the court. An accused is legally bound to comply with the summons issued by the court of law except where the process is challenged before the higher forum by the accused. Any person who has been issued process by court of law cannot be permitted to evade the same thereby not permitting the court of law to proceed in the administration of justice. The said act of accused in avoiding the process of court of law without any justification effects the very cause of justice. An accused fleeing from justice without reasonable cause has the effect of stopping/slowing the criminal process of law which effects the cause of speedy justice to the victim or society at large. Non appearance of an accused before the court concerned when the summons has been served (without reasonable explanation for non-appearance) may be indicative of the fact that such accused do not have respect to the process of law. In the present case, the summons has been served upon the applicants 2022, no reasonable explanation has been offered by the learned counsel for the applicants for non-appearance of the applicants before the court concerned in pursuance to summons issued by the court concerned. Learned counsel for the applicants has not shown any facts and circumstances to demonstrate that applicants were not fleeing from process of law or evading justice. In the facts and circumstances the applicants are fleeing from the process of law and evading justice, as such does not deserve any protection in exercise of the extraordinary jurisdiction of this court. It is to be seen that the applicants are avoiding the summons since the year 2022. In view of the facts, it is evident that the applicants have no respect for the summons of the court and have remained absent from the court proceedings for a period of about 3 years which is indicative of the fact that the applicants are fleeing from the process of law. It is to be seen that the applicants are avoiding to face trial and they remained absent from the court proceedings, therefore, prayer for quashing the cognizance order pursuant to chargesheet dated 2.5.2022 as well as entire proceedings of Case Crime No. 265 of 2022, under sections 498A, 323, 504, 506, 494 I.P.C. and section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Majhola, District-Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad is refused and the application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 6.2.2025 Faridul FAREEDUL HASAN High Court of Judicature at Allahabad

Learned A.G.A. points out that the First Information Report has been lodged in the year 2022, wherein after completion of investigation the chargesheet has been submitted against the applicants on 2.5.2022 and applicants have been summoned on 22.12.2022. Learned A.G.A. has also pointed out that that the grounds have been taken in the application are that the present case has been lodged as a counter blast to the case filed under Section 9 of the Hindu Marriage Act, which has no legs to stand as the case has been filed on 10.9.2023, which is subsequent to the present F.I.R. lodged on 13.4.2022. On 16.01.2025 the following order was passed:- "Learned counsel for the applicants submits that dispute between the parties is matrimonial and there are fair chances of amicable settlement between the parties, therefore, the matter may be referred to mediation centre. He further submits that applicants are ready to deposit Rs.20,000/- before the Mediation Centre to show their bona fide, on the next date. In view of the above, learned counsel for the applicants is directed to come up with a Demand Draft of Rs.20,000/- in the name of Registrar General A/C High Court Allahabad Mediation and Conciliation Centre, on the next date fixed i.e. 31.01.2025. Put up as fresh on 31.01.2025." This Court feels that on 16.01.2025 learned counsel for the applicants appeared before the Court, mentioning that there are chances of amicable settlement between the parties, therefore, the matter may be referred to mediation centre and the applicants are ready to deposit Rs. 20,000/- before the Mediation Centre to show their bona fide on the next date. The applicants were directed to come up with a Demand Draft of Rs. 20,000/- in the name of Registrar General A/C High Court Allahabad Mediation and Conciliation Centre, on the next date fixed, i.e. 31.01.2025. Today when the matter was taken up, learned counsel for the applicants is not present. There is nothing on record to show that the applicants are not avoiding to face trial and the fact that the counsel for the applicants is not present even in the revised call to comply with the earlier order of this Court also reveals that the applicants are avoiding this Court also. The proceedings of the court have been held up on account of non appearance of the applicants and as such the applicants are fleeing from the process of law without any reasonable cause. It is to be seen that in the present case the applicants have been summoned 22.12.2022. However, the applicants have not appeared before the court concerned in pursuance to the aforesaid summoning order. The proceedings of the court concerned have been held up on account of non appearance of the applicants and as such the applicants are fleeing from the process of law without any reasonable cause. "Fleeing from justice" refers to the act of accused in evading or avoiding arrest, prosecution, or punishment for a crime. An accused in aforesaid act tries to avoid facing criminal prosecution by often avoiding summons, warrants and other process issued by the court. An accused is legally bound to comply with the summons issued by the court of law except where the process is challenged before the higher forum by the accused. Any person who has been issued process by court of law cannot be permitted to evade the same thereby not permitting the court of law to proceed in the administration of justice. The said act of accused in avoiding the process of court of law without any justification effects the very cause of justice. An accused fleeing from justice without reasonable cause has the effect of stopping/slowing the criminal process of law which effects the cause of speedy justice to the victim or society at large. Non appearance of an accused before the court concerned when the summons has been served (without reasonable explanation for non-appearance) may be indicative of the fact that such accused do not have respect to the process of law. In the present case, the summons has been served upon the applicants 2022, no reasonable explanation has been offered by the learned counsel for the applicants for non-appearance of the applicants before the court concerned in pursuance to summons issued by the court concerned. Learned counsel for the applicants has not shown any facts and circumstances to demonstrate that applicants were not fleeing from process of law or evading justice. In the facts and circumstances the applicants are fleeing from the process of law and evading justice, as such does not deserve any protection in exercise of the extraordinary jurisdiction of this court. It is to be seen that the applicants are avoiding the summons since the year 2022. In view of the facts, it is evident that the applicants have no respect for the summons of the court and have remained absent from the court proceedings for a period of about 3 years which is indicative of the fact that the applicants are fleeing from the process of law. It is to be seen that the applicants are avoiding to face trial and they remained absent from the court proceedings, therefore, prayer for quashing the cognizance order pursuant to chargesheet dated 2.5.2022 as well as entire proceedings of Case Crime No. 265 of 2022, under sections 498A, 323, 504, 506, 494 I.P.C. and section 3/4 The Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Majhola, District-Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad is refused and the application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 6.2.2025 Faridul FAREEDUL HASAN High Court of Judicature at Allahabad