Amit Gaur And 4 Others vs State Of U.P. And Another
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Allahabad High Court

Amit Gaur And 4 Others vs State Of U.P. And Another on 11 March, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:35996
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 10473 of 2023
 

 
Applicant :- Amit Gaur And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prem Chandra Patel
 
Counsel for Opposite Party :- G.A.,Suhel Ahmad Azmi
 

 
Hon'ble Vikas Budhwar,J.
 

1. Heard Prem Chandra Patel, learned counsel for the applicants, Mr. S.K. Singh, learned AGA for the State and Sri Suhel Ahmad Azmi, learned counsel for opposite party No.2.

2. This Court on 29.03.2023 proceeded to pass the following order:

"1. Heard Mr. Prem Chandra Pal, the learned counsel for applicants and the learned A.G.A. for State.

2. Perused the record.

3. At the very outset, the learned counsel for applicants submits that he be permitted to amend the prayer clause of this application by seeking a challenge to the Cognizance Taking Order/Summoning Order dated 21.11.2022 passed by Judicial Magistrate, Court No.-2, Saidpur, Ghazipur in Criminal Case NO. 907 of 2022 (State Vs. Amit Gaur and Others) under Sections 498A, 323 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Khanpur, District-Ghazipur, as due to inadvertence the same could not be impugned in present application.

4. Prayer made by the learned counsel for applicants is bona-fide. Same is not opposed by the learned A.G.A.

5. Accordingly, it is allowed.

6. Let necessary amendment in the prayer clause of this application be carried out by the learned counsel for applicants during course of the day.

7. Challenge in this application under Section 482 Cr.P.C. is to the Charge Sheet No. 28.05.2022 submitted in Case Crime No. 92 of 2022, under Sections 498A, 323 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Khanpur, District-Ghazipur, the Cognizance Taking Order/Summoning Order dated 21.11.2022 passed by Judicial Magistrate, Court No.-2, Saidpur, Ghazipur in Criminal Case NO. 907 of 2022 (State Vs. Amit Gaur and Others) under Sections 498A, 323 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Khanpur, District-Ghazipur as well as the entire proceedings of aforementioned criminal case now pending in the court of Judicial Magistrate, Court No.-2, Saidpur, Ghazipur.

8. Learned counsel for applicants submits that the dispute between the parties is a purely matrimonial dispute which has been dragged into criminal litigation. Applicant 1 is the Husband, applicant 2 is Devar, applicant 3 is Nanad, applicant 4 is Mother-in-Law of the first informant-opposite party 2 and applicant 5 is Uncle of applicant 1. It is thus urged that almost all the family members of applicant 1 have been dragged into criminal litigation. He, however, submits that looking into the nature of the controversy involved, in case, the matter is referred for mediation, parties may get an opportunity to amicably settled their dispute outside the Court. He further submits that in view of the peculiar facts and circumstances of the case, he contends that matter be referred to the Mediation and Conciliation Centre, High Court, Allahabad.

9. Accordingly, the matter is referred to the Mediation and Conciliation Centre, High Court, Allahabad.

10. The applicants are directed to deposit a sum of Rs. 25,000/- by way of demand draft / pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of ten days from today. After deposit of the aforesaid amount, the Mediation Centre shall send a notice to the opposite party no. 2 to appear before the Mediation and Conciliation Centre of this Court on the date fixed in the notice. Out of aforesaid amount, a sum of Rs. 20,000/- shall be payable to the opposite party no. 2 on her appearance before the Mediation and Conciliation Centre. The balance amount of Rs. 5,000/- shall be retained by the Mediation Centre towards cost of Mediation. The Mediation Centre shall submit its report in the matter within three months.

11. Notice on behalf of opposite party 1 has been accepted by learned A.G.A.

12. Issue notice to opposite party 2.

13. All the opposite parties may file their respective counter affidavits within a period of four weeks. Rejoinder affidavit may be filed by applicants within two weeks thereafter.

14. List after 3 months along with the report of Mediation Centre.

15. Considering the fact that the dispute between the parties is a purely matrimonial dispute and the partie have been referred for mediation at the Mediation and Conciliation Centre, High Court, Allahabad, as an interim measure it is provided that till the next date of listing no coercive action shall be taken against applicants in Criminal Case NO. 907 of 2022 (State Vs. Amit Gaur and Others) under Sections 498A, 323 IPC and Sections 3/4 Dowry Prohibition Act, Police Station-Khanpur, District-Ghazipur now pending in the court of Judicial Magistrate, Court No.-2, Saidpur, Ghazipur.

16. However, it is provided that if the amount, as directed above, is not deposited by the applicants within the aforesaid period, the protection granted to the applicants shall automatically come to an end and the office shall immediately list this case as fresh for further orders before the Court. "

3. Thereafter on 13.05.2024 the following order was passed:

"1. Heard Sri Prem Chandra Patel, appearing for the applicants, Shri Shashidhar Pandey, learned A.G.A. for the State and perused the records.

2. The instant application under Section 482 of Cr.P.C. has been filed by the applicants praying for quashing of the entire charge-sheet dated 28.05.2022 as well as further proceedings of Criminal Case No. 907 of 2022 (State vs. Amit Gaur and others), arising out of Case Crime No. 92 of 2022, under sections 498A, 323 I.P.C. and section 3/4 D.P. Act, Police Station Khanpur, District Ghazipur.

3. Learned counsel for the applicants submits that initially the matter was sent to the Mediation Center for mediation between the parties, but the same was failed. He further submits that due to matrimonial discord, F.I.R. was lodged by the wife of applicant no. 1, on 04.05.2022 and after investigation police had filed charge-sheet on 28.05.2022 and thereafter learned Magistrate has taken cognizance on 21.11.2022. Learned counsel for the applicant submits that the allegations levelled against the applicant nos. 2 to 5 are general in nature and who are in-laws of the opposite party no.2. The applicant no.1 happens to be the husband of opposite party no.2 and the main allegation of demand of dowry are against him. To buttress his argument, learned counsel for the applicants has relied on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, (2012) 10 ADJ.

4. So far as the applicant no.1 is concerned, the additional demand of dowry in cash is against the applicant no.1, hence the case of applicant no.1 stands on different footing than the case of applicant nos. 2 to 5.

5. Accordingly, the Application U/s 482 on behalf of applicant no.1 is hereby dismissed.

6. Matter requires consideration for the rest of the applicants.

7. Notice on behalf of the State has been accepted by learned A.G.A.

8. The opposite parties are granted four weeks' time to file counter affidavit and the applicant will have two weeks' thereafter to file rejoinder affidavit.

9. List on 30.07.2024.

10. Till then, no coercive action shall be taken against the applicants qua the applicant nos. 2 to 5. "

4. There after on 10.01.2025, the following order was passed:

"1. Learned counsel for the applicants submits that he has filed supplementary affidavit on 28.07.2024 which is not on the record. Office is directed to trace out the same and place it on record.

2. Heard learned counsel for the applicants, learned counsel for the O.P. No.2 as well as learned A.G.A. for the State.

3. The applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the Charge sheet dated 28.05.2022 in Criminal Case No. 907 of 2022 (State Vs. Amit Gaur and Others) arising out of Case Crime No. 92 of 2022 u/s 498-A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Khanpur, District- Ghazipur.

4. It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

5. Learned counsel for the opposite party No. 2 has nodded the factum of the compromise entered into between the parties and he has no objection, in case matter is referred before the court below for verification of compromise. It is further submitted that opposite party no. 2 is no more inclined to prosecute the criminal proceeding against the applicants. Therefore, instant application may be allowed and criminal proceedings against the applicants may be quashed.

6. Learned A.G.A. has no objection in referring the matter before the court below for verification of compromise.

7. In this conspectus, as above, both the parties are hereby directed to appear before the court below on 30.01.2025/31.01.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

8. List this matter on 11.03.2025, along with compromise verification report submitted by the court concerned, if any.

9. Till the next date of listing, further proceeding against the applicants in aforesaid criminal case shall remain stayed. "

5. There is a report of Judicial Magistrate, court no. 2 Saidpur, Ghazipur dated 05.02.2025 shows that the parties have entered into compromised and the same stands verified.

6. Learned counsel for the applicants submits that there is no remains to be further adjudicated.

7. In view of the above, learned AGA for the State as well as learned counsel appearing for the opposite party do not dispute the said fact and submits that they have no objection to the same.

6. Considering the submission of the parties and stand taken by them, the application stands disposed of.

7. The charge-sheet dated 28.05.2022 as well as cognizance order dated 21.11.2022 passed by Judicial Magistrate court no.2 Saidpur, Ghazipur as well as entire proceeding of Criminal Case No. 907 of 2022 (State vs. Amit Gaur and Ors) arising out of case crime no. 92 of 2022, under Sections 498A, 323 IPC & Section 3/4 D.P. Act, P. S. Khanpur, District Ghazipur in so far as it relates to applicant nos.2 to 5 are hereby quashed.

Order Date :- 11.3.2025

C. MANI

(Vikas Budhwar,J.)