Anil Kumar vs State Of U.P. Thru Sec. Home Deptt And ...
2025 Latest Caselaw 1131 ALL

Allahabad High Court

Anil Kumar vs State Of U.P. Thru Sec. Home Deptt And ... on 2 June, 2025

Author: Rajnish Kumar

Bench: Rajnish Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:34244
 
Court No. - 11
 

 
Case :- APPLICATION U/S 482 No. - 4263 of 2025
 

 
Applicant :- Anil Kumar
 
Opposite Party :- State Of U.P. Thru Sec. Home Deptt And Another
 
Counsel for Applicant :- Devendra Pratap,Saad Husain,Shashank Shekhar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajnish Kumar,J.
 

1. Heard Shri Shashank Shekhar Singh, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record.

2. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicant has sought following prayer:-

"to quash the entire proceedings along with summoning order dated 09.01.2025 in Case No. 24 of 2025, arising out of Case Crim No. 0131 of 2023, under Sections 498-A, 323, 504 & 506 IPC and Section 3/4 of the Dowry Prohibition Act, Police Station Asiwan, District Unnao (State of U.P. Vs. Anil Singh and others pending in the court of learned Civil Judge (Junior Division) (J.D.) F.T.C. (Crime Against Women), District Unnao."

3. Learned counsel for applicant has submitted that the applicant has falsely been implicated in this case levelling false allegations. The allegation of demand of dowry has been made after about five years of marriage on the ground that after selection in the government job, the demand of four wheeler has been made whereas the applicant is working on the post of Driver of Ambulance. He further submits that even otherwise in the FIR itself it has been mentioned that earlier also disputes had arisen between the applicant and respondent no. 2 and compromise had entered into between the parties.

4. He further submits that no demand of dowry has been made by the applicant and his family members. It is further submitted that on the one hand allegation of demand of dowry has been made and on the other hand, the allegation of illicit relations with other girl has been levelled, which is not sustainable.

5. Learned counsel for applicant has further placing reliance on order dated 16.4.2025 passed by a coordinate Bench of this Court in Application U/s 482 No. 2808 of 2025 (Naveen alias Naveen Kumar Dwivedi and others Vs. State of U.P. and another) submits that there is likelihood of settlement in the matter as earlier also the matter was settled and allegations are general in nature, similar direction may be issued in this case also. The order dated 16.04.2025, on production, reads as under:-

"Heard the counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. has been filed to quash the entire proceedings of Case No. 3841 of 2025 arising out of Case Crime No. 0361 of 2024, under Sections 85, 115(2), 351(2) BNS and under Section 3/4 of the Dowry Prohibition Act, Police Station-Atrauli, District-Hardoi pending before the Additional Chief Judicial Magistrate, Court No. 2, District-Hardoi as well as the summoning and cognizance order dated 24.1.2025 and the charge-sheet No. 01/2021 dated 25.9.2024.

It has been stated by counsel for the applicants that the dispute between the parties is a matrimonial dispute and in case, the matter is referred for mediation, the parties may amicably settle their dispute.

A perusal of the document annexed with the affidavit filed in support of the application indicates that there is some civil dispute between the parties.

The Apex Court in paragraph no. 19 of the case of Rajesh Sharma & Others Vs. State of U.P. & Another reported in 2017 (AIR) SC 3869 has issued certain directions regarding disputes covered under Section 498-A IPC. Paragraph 19 of the judgment is reproduced below:-

"19. Thus, after careful consideration of the whole issue, we consider it fit to give following directions :-

(i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be constituted out of para legal volunteers/social workers/retired persons/wives of working officers/other citizens who may be found suitable and willing.

(c) The Committee members will not be called as witnesses.

(d) Every complaint under Section 498A received by the police or the Magistrate be referred to and looked into by such committee. Such committee may have interaction with the parties personally or by means of telephone or any other mode of communication including electronic communication.

(e) Report of such committee be given to the Authority by whom the complaint is referred to it latest within one month from the date of receipt of complaint.

(f) The committee may give its brief report about the factual aspects and its opinion in the matter.

(g) Till report of the committee is received, no arrest should normally be effected.

(h) The report may be then considered by the Investigating Officer or the Magistrate on its own merit.

(i) Members of the committee may be given such basic minimum training as may be considered necessary by the Legal Services Authority from time to time.

(j) The Members of the committee may be given such honorarium as may be considered viable.

(k) It will be open to the District and Sessions Judge to utilize the cost fund wherever considered necessary and proper.

(ii) Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today. Such designated officer may be required to undergo training for such duration (not less than one week) as may be considered appropriate. The training may be completed within four months from today;

(iii) In cases where a settlement is reached, it will be open to the District and Sessions Judge or any other senior Judicial Officer nominated by him in the district to dispose of the proceedings including closing of the criminal case if dispute primarily relates to matrimonial discord;

(iv) If a bail application is filed with at least one clear day?s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;

(v) In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;

(vi) It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted;

(vii) Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial; and

(viii) These directions will not apply to the offences involving tangible physical injuries or death."

In view of the aforesaid, no useful purpose would be served by keeping the proceedings of the aforesaid case pending before this Court. The court below, i.e., the Additional Chief Judicial Magistrate, Court No. 2, District-Hardoi is directed to refer the parties to the Committee constituted for mediation in District-Lucknow within a period of one month from the date of receipt of certified copy of the order.

The Mediation Centre shall submit its report within one month from the date of receipt of the case from the concerned Magistrate. Further proceedings in Case No. 3841 of 2025 arising out of Case Crime No. 0361 of 2024, under Sections 85, 115(2), 351(2) BNS and under Section 3/4 of the Dowry Prohibition Act, Police Station-Atrauli, District-Hardoi pending before the Additional Chief Judicial Magistrate, Court No. 2, District-Hardoi will depend on the report received by the Mediation Centre of the District and in case the mediation fails, the Additional Chief Judicial Magistrate, Court No. 2, District-Hardoi shall proceed with the case in accordance with law.

Till the report of the Mediation Centre as aforesaid, no coercive action shall be taken against the applicants in Case No. Case No. 3841 of 2025 arising out of Case Crime No. 0361 of 2024, under Sections 85, 115(2), 351(2) BNS and under Section 3/4 of the Dowry Prohibition Act, Police Station- Atrauli, District- Hardoi pending before the Additional Chief Judicial Magistrate, Court No. 2, District- Hardoi.

With the aforesaid observations, the application is disposed of. "

6. Learned A.G.A. for the State though has opposed the prayer but could not dispute the aforesaid submissions and order passed by a coordinate Bench of this Court dated 16.04.2025. Further he submits that the applicant may be directed to deposit some amount before the trial court for payment to the respondent no. 2 for attending the mediation proceedings and also to show bona-fide of the applicant.

7. Learned counsel for applicant has no objection in case a direction for deposition of some amount is passed and states that the applicant can deposit Rs.10,000/-.

8. In view of nature of order to be passed in the aforesaid facts and circumstances, notice to respondent no. 2 is dispensed with.

9. In view of above, this application under Section 482 Cr.P.C. is disposed of in terms of order dated 16.04.2025 passed in Application U/s 482 No. 2808 of 2025 with the direction to the applicant to deposit Rs.10,000/- before the trial court concerned within a period of two weeks from today and on deposition of the same, the trial court shall refer the matter for mediation.

10. In case the aforesaid amount is not deposited within the time granted by this Court, the applicant shall not be entitled for any benefit of this order.

.

(Rajnish Kumar, J.)

Order Date :- 2.6.2025

Virendra