Court No. - 48
Case :- APPLICATION U/S 482 No. - 34642 of 2017 Applicant :- Lala Ram Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ajay Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved on behalf of applicant seeking the quashing of orders dated 01.09.2016 as well as order dated 11.09.2017 passed in Case no.16/XI/2015 (Smt. Kamla vs. Lala Ram), u/s 125 (3) Cr.P.C. pending in the court of Principal Judge, Family Courts, Banda, P.S.-Kotwali Nagar, District-Banda.
List has been revised. Despite repeated calls none has appeared either on behalf of the applicant or on behalf of opposite party no.2. Learned AGA is present. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is no justifiable reason to further procrastinate the matter. This Court, therefore, deems it fit to proceed in the matter on the basis of the record and with the assistance of the learned AGA representing the State.
It seems that in order to explore the possibility of an amicable settlement between the parties, the matter was referred to undergo mediation proceedings. The report of Mediation Centre dated 02.02.2018 reveals that the aforesaid attempt could not succeed and did not bear any fruit for certain reasons.
According to learned A.G.A. failure of mediation process seems to be the obvious reason to explain the non appearance of applicant's counsel and ostensibly there is an attempt on behalf of the applicant to drag the proceedings in order to continue benefit of the interim protection.
Perusal of the grounds taken in the application does not make out any such good ground on the basis of which the impugned orders may be castigated. There is no element of perversity reflected in the impugned orders. This Court does not perceive any abuse of court's process in the impugned orders or proceedings. There is no good reason to interfere in the proceedings or the impugned orders.
The application lacks merit and therefore same stands dismissed.
Order Date :- 31.8.2018/M. Kumar