✦ High Court of India · 01 May 2025

Balrampur and she shall have no objection if the Application vs State of U.P. and Another) and the case(s) filed by her against

Case Details High Court of India · 01 May 2025

Applicant :- Fasihurrahmana And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Iqbal Ahmad,Mohd. Kumail Haider,Syed Hasan Ejaz Counsel for Opposite Party :- G.A.,Jai Vardhan Srivastava Hon'ble Alok Mathur,J.

1. Heard Sri Iqbal Ahmad, learned counsel for the applicants as well as Learned A.G.A. for the State of U.P. and Sri Jai Vardhan Srivastava, learned counsel appearing for opposite party no. 2.

2. By means of present application under Section 482 Cr.P.C. (now Section 528 of BNSS), the applicants have prayed for setting aside the summoning order dated 15.05.2024, passed by the Civil Judge (Junior Division), Utraula, Balrampur in Complaint Case No. 1286 of 2002, under Section 498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Utraula, District - Balrampur whereby the applicants have been summoned in the aforesaid case. It is further prayed, that since the parties have entered into settlement agreement the aforesaid summoning order may be set aside in the light of settlement agreement dated 22.01.2025. The settlement agreement is available on record.

3. It has been contended by learned counsel for the applicants that this Court by means of order dated 22.10.2024, directed the parties to appear before Mediation and Conciliation Center of this Court on 06.11.2024 for participating in the mediation process. In compliance of aforesaid order, the parties appeared before the Mediation Center on the date fixed and after certain deliberations and discussion the parties arrived at settlement agreement and a report dated 22.01.2025, of the Mediation and Conciliation Center High Court Lucknow Bench, Lucknow to this effect has been submitted for perusal of this Court. Therefore, the impugned order passed in the aforesaid case may be set aside in view of the settlement agreement dated 22.01.2025.

4. Learned counsel for the revisionist in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC

Applicant :- Fasihurrahmana And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Iqbal Ahmad,Mohd. Kumail Haider,Syed Hasan Ejaz Counsel for Opposite Party :- G.A.,Jai Vardhan Srivastava Hon'ble Alok Mathur,J.

1. Heard Sri Iqbal Ahmad, learned counsel for the applicants as well as Learned A.G.A. for the State of U.P. and Sri Jai Vardhan Srivastava, learned counsel appearing for opposite party no. 2.

2. By means of present application under Section 482 Cr.P.C. (now Section 528 of BNSS), the applicants have prayed for setting aside the summoning order dated 15.05.2024, passed by the Civil Judge (Junior Division), Utraula, Balrampur in Complaint Case No. 1286 of 2002, under Section 498A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station - Utraula, District - Balrampur whereby the applicants have been summoned in the aforesaid case. It is further prayed, that since the parties have entered into settlement agreement the aforesaid summoning order may be set aside in the light of settlement agreement dated 22.01.2025. The settlement agreement is available on record.

3. It has been contended by learned counsel for the applicants that this Court by means of order dated 22.10.2024, directed the parties to appear before Mediation and Conciliation Center of this Court on 06.11.2024 for participating in the mediation process. In compliance of aforesaid order, the parties appeared before the Mediation Center on the date fixed and after certain deliberations and discussion the parties arrived at settlement agreement and a report dated 22.01.2025, of the Mediation and Conciliation Center High Court Lucknow Bench, Lucknow to this effect has been submitted for perusal of this Court. Therefore, the impugned order passed in the aforesaid case may be set aside in view of the settlement agreement dated 22.01.2025.

4. Learned counsel for the revisionist in support of his contention has placed reliance on the judgment of Hon'ble Apex Court in the case of Manoj Sharma Vs. State, (2008) 16 SCC

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