Allahabad High Court
Bhajan Bihari Alias Mohandas And 2 ... vs State Of U.P. And Another on 17 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:57103
Court No. - 73
Case :- APPLICATION U/S 482 No. - 29830 of 2019 (Leading Application)
Applicant :- Bhajan Bihari Alias Mohandas And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Afshan Shafaut
Counsel for Opposite Party :- G.A.
with
Case :- APPLICATION U/S 528 BNSS No. - 12140 of 2025 (Connected Application)
Applicant :- Bhajan Bihari Alias Mohandas And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ananya Upadhyay,Rakesh Chandra Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
1. Vakalatnama has been filed on behalf of the applicant nos. 1 and 3 in leading application is taken on record.
2. Heard Sri Ananya Upadhyay, learned counsel for the applicants in the leading and connected application as well as Sri S.K. Singh, learned AGA for the State/opposite party no.1.
3. The leading application was preferred for seeking following reliefs:
"It is therefore most Respectfully prayed that this Hon'ble Court may graciously be pleased to stay and quash the effect operation and implementation of the impugned Order dated 23.03.2019 in Case No.4099 of 2016 (Smt.Neetu Singh Versus Bhajan Bihari Alias Mohandas and others) Under Section 498A, 323,504,506 I.P.C and Dowry Prohinbition Act, Police Station Kalyanpur, District Kanpur Nagar. Pending before Metropolitan Magistrate, Xth, Kanpur Nagar."
4. This Court on 01.8.2019 proceeded to pass the following orders:
"1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 23.3.2019 in Case No. 4099 of 2016 (Smt. Neetu Singh Vs. Bhajan Bihari @ Mohandas & Ors), under Sections- 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station- Kalyanpur, District- Kanpur Nagar, pending in the court of Metropolitan Magistrate,Xth, Kanpur Nagar.
3. It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court
4. At present, prima facie, it does appear that the present criminal proceedings do arise out of the matrimonial dispute between the parties. Therefore, it further appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.
5. It is directed that applicants shall deposit a sum of Rs.20,000/- within three weeks from today with the Mediation Centre of which Rs. 15,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5000/- shall be retained by the mediation center towards its expenses.
6. The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.
7. It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.
8. Subject to the applicants depositing the amount of Rs. 20,000/- as above, till the next date of listing, further proceedings against the applicants in the aforesaid case shall be kept in abeyance.
9. After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated."
5. There is a report that the applicant has not complied with the order, thus, mediation could not have been done.
6. So far as the connected application is concerned, the same has been filed seeking following reliefs:
"It is therefore most respectfully prayed that this Hon'ble court may be pleased to stay and quash the Non bailable Warrant dated 11.07.2024 passed by Additional Chief Judicial Magistrate-7, Kanpur Nagar as well as proceedings of Misc. Case No. 4097 of 2016 (Smt. Neetu Singh Vs Bhajan Bihari @ Mohandas & Others) u/s 498A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate-7, Kanpur Nagar, otherwise Applicants shall suffer irreparable loss and injury."
7. On 11.04.2025, the following orders were passed:
"1. Put up this case along with the records of Application u/s 482 No.29830 of 2019, Chaman and 5 others vs. State of U.P. on 17.04.2025 as fresh, at 02:00 P.M.
2. When the case is listed next, name of counsels and the parties shall also be reflected.
3. Learned counsel for the applicant shall inform passing of this order to the counsel who appears for the applicant in Application U/s 482 No. 29830 of 2019."
8. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings, the applicant no. 2 in the leading application namely Tota Ram expired. Today the learned counsel for the applicants as per the instructions so received by him and in particular of the vakalatnama filed in the leading application after seeking no objection from earlier counsel has made a statement at bar that the applicants seek to prefer an appropriate proceedings before the court below for enlargement of the bail.
9. Learned AGA has no objection to the same.
10. I have heard the learned counsel for the parties and perused the record.
11. I am of the opinion of the court, prima facie offenses are made out from the complaint and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record.
12. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail.
13. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay.
Order Date :- 17.4.2025
A. Prajapati
