1. Heard Mr. Ashish Kumar, learned counsel for the applicant, Mr. Ajit Manit Tripathi, learned counsel for the opposite party no.2 and learned A.G.A for the State as also perused the record.
2. This application under Section 482 Cr.P.C. has been filed seeking direction to the concerned court below for early decision of Case No. 2302181 of 2018 (State vs. Sudhir Jaiswal and others), arising out of Case Crime No. 62 of 2018, under Section 498A, 323, 316 IPC and 3/4 D.P. Act, Police Station- Chiluwatal, District-Gorakhpur, pending in the court of Civil Judge, (S.D.)-2, Gorakhpur.
3. Earlier an application U/s 482 No. 38942 of 2018 (Sudheer Jaiswal and three others vs. State of U.P. and others) was filed with the following prayer:-
"(i) Quash the charge sheet no. 01 of 2018 dated 27.07.2018 filed against the applicants in Case Crime No. 62 of 2018 (State vs. Sudheer Jaiswal and others), under Sections 498A, 323, 316, 406 IPC and 3/4 D. P. Act, P.S. Chiluatal, District-Gorakhpur, and/or
(ii) Quash the entire proceedings of the Criminal Case No.-2302181 of 2018 (State of U.P. vs. Sudheer Jaiswal and others) under Section 498A, 323, 316, 406 IPC and 3/4 Dowry Prohibition Act, P.S.-Chiluatal, District-Gorakhpur pending in the Court of learned Additional Civil Judge-2 (Senior Division), Gorakhpur, registered consequent/pursuant to the impugned charge sheet No.-01 of 2018 dated 27.07.2018 submitted with reference to Case Crime No.-62 of 2018 registered at Police Station-Chiluatal, District-Gorakhpur as against the applicants.
(iii) Stay further proceedings of the Criminal Case No.-2302181 of 2018 (State of U.P. vs. Sudheer Jaiswal and others) under Sections 498A, 323, 316, 406 IPC and 3/4 Dowry Prohibition Act, P.S.-Chiluatal, District-Gorakhpur pending in the court of learned Additional Civil Judge-2 (Senior Division) Gorakhpur, registered consequent/pursuant to the impugned charge sheet No.-01 of 2018 dated 27.07.2018, submitted with reference to Case Crime No.62 of 2018 registered at Police Station-Chiluatal, District-Gorakhpur as against the applicants.
(iv) Pass any other and further order(s), which this Hon'ble court may deem fit and proper to secure the ends of justice for the applicants in the facts and circumstances of the case."
4. In which on 19.12.2018 following order was passed:-
"(On C.M.Application No. 1 of 2018) Application is allowed.
After corrections, the order dated 12-12-2018 reads as follows :-
Heard learned counsel for petitioners and Sri Rajiv Lochan Shukla, learned counsel for the respondent no. 3.
This petition is filed by the petitioners for quashing of the chargesheet no. 01 of 2018 dated 27-07-2018, filed against the petitioners in Case Crime No. 62 of 2018, under sections 498-A,323,316,406 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Chiluatal, District-Gorakhupur and also for quashing of the proceedings of Criminal Case No. 2302181 of 2018, under sections 498-A,323,316,406 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Chiluatal, District-Gorakhpur, pending in the court of learned Additional Civil Judge-2(Senior Division), Gorakhpur, registered pursuant to the impugned chargesheet dated 01 of 2018 dated 27-07-2018.
Learned counsel for petitioners submits that there is probability of settlement between the parties through Mediation and Conciliation Centre, High Court,Allahabad. He also submits that the petitioners are ready and are willing to deposit an amount of Rs. 6,00,000/- within three weeks from today.
In view of aforesaid, it is provided that in case the petitioners deposit the amount of Rs.6,00,000/- within three weeks from today, the matter be placed before the Mediation and Conciliation Centre, High Court,Allahabad on 19.2.2019. The Mediation Centre may call upon the respondent No.3 and consider the matter for mediation. In case of failure of petitioner to deposit the amount, the matter be placed before this Court on 19.2.2019.
Till 19.2.2019, no coercive steps shall be taken against the petitioners.
Order dated 12-12-2018 is corrected accordingly."
5. However, some modification application has been moved in the aforesaid application, therefore, on 23.07.2019, without extending the interim order granted earlier, following order was passed:-
"Copy of the application for modification of the earlier order dated 31.1.2019 has served by learned counsel for the applicant today to learned counsel for the opposite party no.2 and necessary counter be filed by opposite party no.2 within three weeks.
List thereafter."
6. Learned counsel for the applicant submits that since in the aforesaid application U/s 482 No. 38942 of 2018, no stay order is operating, therefore, the present application has been filed to expedite Case No. 2302181 of 2018 (State vs. Sudhir Jaiswal and others), arising out of Case Crime No. 62 of 2018, under Section 498A, 323, 316 IPC and 3/4 D.P. Act, Police Station- Chiluwatal, District-Gorakhpur, pending in the court of Civil Judge, (S.D.)-2, Gorakhpur.
7. Considering the facts of the case, without expressing any opinion on the merits of the applicant's case, this application U/s 482 Cr.P.C. is finally disposed of with a direction to the court below to decide aforesaid case in accordance with law without granting unnecessary adjournments to either of the parties, as expeditiously as possible, preferably within a period of one year from the date of production of certified copy of this order, if there is no legal impediment.
8. Office is directed to delink Application u/s 482 Cr.P.C. No.38942 of 2018 from this case.
Order Date :- 17.2.2021 JK Yadav