Allahabad High Court
Mujeeb And Ors. (Complaint Case) vs The State Of U.P Thru Principal Secy., ... on 8 April, 2013
Author: Ajai Lamba
Bench: Ajai Lamba
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 1541 of 2013 Petitioner :- Mujeeb And Ors. (Complaint Case) Respondent :- The State Of U.P Thru Principal Secy., Home Lucknow And Ors. Petitioner Counsel :- B.P Nigam Respondent Counsel :- Govt. Advocate Hon'ble Ajai Lamba,J.
1. This petition prays for quashing of proceedings of Complaint Case No.1498 of 2012, Munaan v. Mujeeb and others, under Sections 498A/323 I.P.C. and Section 3/4, Dowry Prohibition Act, Police Station Bilgram, District Hardoi, pending in the Court of Additional Chief Judicial Magistrate (Court No.5), Hardoi, and order of summoning dated 16th of January, 2013.
2. Learned counsel for the petitioners contends that the petitioner no.1 Mujeeb was married to respondent no.3, Smt. Ashikun. On account of matrimonial dispute, the impugned complaint came to be filed.
3. Learned counsel for the petitioners contends that there are chances of settlement of dispute through Mediation and conciliation Centre.
4. Issue notice to respondent nos.2 and 3 through the Chief Judicial Magistrate, Hardoi, returnable on 06th of May, 2013.
5. Let the petitioners make a deposit of Rs.15,000/-(Fifteen thousand only) with the Registry of this Court.
6. Out of the above said deposit Rs.10,000/-(Ten thousand only) shall be released in favour of respondent no.3, Smt. Ashikun, in case she agrees to go in for mediation, and the remaining sum of Rs.5000/-(Five thousand only) shall be transmitted to Mediation and Conciliation Centre of this Court.
7. Respondent nos.2 and 3, and the petitioner no.1 are directed to remain present in court on the next date of listing.
8. Further proceedings in Complaint Case No.1498 of 2012, Munaan v. Mujeeb and others, under Sections 498A/323 I.P.C. and Section 3/4, Dowry Prohibition Act, Police Station Bilgram, District Hardoi, pending in the Court of Additional Chief Judicial Magistrate (Court No.5), Hardoi, and order of summoning dated 16th of January, 2013, shall remain stayed till the next date of hearing.
Order Date :- 8.4.2013 A.Nigam