The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the proceeding of Complaint Case No. 959 of 2006 including summoning order dated 02.09.2006 passed by Judicial Magistrate-I, Gonda, to summon the petitioner under sections 323, 498A, 506 IPC and 3/4 D.P. Act.
Counsel for the applicant submitted that the matter was referred to the Mediation Centre vide order dated 17.10.2011. Since it is matrimonial dispute, however, the applicant is poor person and he could not deposit the requisite amount in pursuance of the order dated 17.10.2011.
Since the amount has not been deposited, hence this case has not been referred to the Mediation Centre. In view of the allegation, prima facie offence is disclosed against the applicant, hence no case is made out for quashing the summoning order. The prayer for quashing the same is refused.
However, in view of the fact of the present case, it is expected that if applicant surrender before the courts below and move bail application within thirty days from today, then the same shall be considered, and disposed of in accordance with law, in view of the law laid down by Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 390 and by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and others 2009(2) Crime 4 SC.
The interim order, if any, is hereby vacated.
With the aforesaid observation this application is finally disposed off.
Order Date :- 23.11.2011 v.k.updh.