Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed with the prayer to quash the entire criminal proceeding of Criminal Case No.387 of 2021 (State of U.P. vs. Alok Dubey & Others) including charge sheet No.01 of 2021 dated 21.02.2021 arising out of Case Crime No.496 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, P.S. Para, District Lucknow, pending in the court of learned Judicial Magistrate-I, Lucknow, and the cognizance/summoning order dated 26.07.2021.
Learned counsel for the applicants has submitted that the marriage of the applicant No.1 was solemnized with the opposite party No.2 on 25.04.2019 and they were in enjoying their matrimonial life, but due to some trivial issue in between them, the F.I.R. in question was lodged on the basis of concocted facts. She further submitted that in the most mechanical manner, Investigating Officer submitted the charge sheet and on it cognizance was taken by the court below. She further submitted that there is every possibility for settlement between the parties, in case, the matter is send to mediation centre.
Learned A.G.A has opposed the prayer of the applicant, but he has not raised any objection on sending the matter to mediation centre.
Considering the arguments of learned counsel for the applicants as well as learned A.G.A. and going through the contents of the F.I.R. and other evidences enclosed with the application, it is evident that the issue in question is related to the matrimonial dispute.
Issue notice to the opposite party No.2.
Steps be taken within ten days.
List this case on 17.11.2021.
On the next date, opposite party No.2 shall remain present before this Court.
In the meantime, applicants are directed to deposit Rs.25,000/- before the Senior Registrar of this Court.
Till the next date of listing, impugned proceedings arising from the impugned charge sheet shall remain stayed.
However, it is made clear that in case the applicants do not deposit the aforesaid amount within stipulated period, then the interim order shall be vacated automatically.
S.H.O., Police Station Para, District Lucknow is directed to ensure the presence of opposite party No.2 before this Court on the date fixed.
Order Date :- 29.10.2021 S. Shivhare