Mohd. Sirajuddin And 4 Others vs State Of U.P. And Another
2017 Latest Caselaw 7199 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 30372 of 2016
 
Applicant :- Mohd. Sirajuddin And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Aishwini Kumar,Ashwani Ku. Srivastava,Ganesh Shanker Srivastava
 
Counsel for Opposite Party :- G.A.,Rashid Ali
 
Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicants as well as learned counsel for the respondent no.2 and learned AGA for the State.

This petition has been filed by the applicants with a prayer to quash the entire proceedings  as well as summoning order dated 6.5.2016 passed by the Chief Judicial Magistrate, Sonbhadra in criminal Complaint Case No. 752 of 2015 (Shahin Khatoon Vs. Mohd. Sirajuddin and others)under section 420 I.P.C. and section 3/4 Dowry Prohibition Act, Police Station Kotwali Rabertsganj, district Sonbhadra.

It is a case of matrimonial dispute. Report of the Mediation and Conciliation Centre dated 5.1.2017 reflects that mediation could not be settled- at in positive terms, as a result of which, mediation could not succeed. In this case interim order was passed on 7.10.2016.

In the wake of allegations contained in the complaint and in the statement recorded by the court below, obviously, there is no infirmity in the summoning order dated 6.5.2016 passed by the court of Chief Judicial Magistrate, Sonbhadra. Consequently, the present application is devoid of merit and the same is hereby dismissed.

Interim order, if any, stands vacated.

Order Date :- 21.11.2017/Iss/