Allahabad High Court
FAIZUL HASAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 is dismissed for non‑prosecution due to the applicants' failure to appear before the Court.
Summary
The applicants, Faizul Hasan and Saiya Khatoon, filed an application under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 12-10-2022 and the entire proceedings of a criminal complaint (Case No. 962 of 2022) involving offences under Sections 498A, 323, 504, 506 IPC and Section 4 of the D.P. Act. The matter was referred to the Court's Mediation and Conciliation Centre, which reported that the applicants failed to deposit the required money and did not comply with the Centre's directions, resulting in no notice being issued. No counsel appeared on behalf of the applicants even after the revised list was issued. Consequently, the High Court dismissed the application on the ground of non‑prosecution, vacated any interim order, and directed the Registrar to inform the trial court.
Issues considered
- Whether the High Court can entertain an application under Section 482 Cr.P.C. to quash a summoning order and criminal proceedings.
- Whether the failure of the applicants to appear before the Court constitutes grounds for dismissal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Domestic Violence Protection Act (or D.P. Act) — s. 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- Section 482
- quash order
- non prosecution
- mediation and conciliation
- criminal proceedings
- summons
- court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 35831 of 2023
Faizul Hasan And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Juned Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicants to press this application even in the
revised list. Sri Shashi Kant Pandey, learned A.G.A. for the State is present.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants
Faizul Hasan, Saiya Khatoon with the prayer to quash the summoning order dated
12.10.2022 passed by Judicial Magistrate, Kasya Kushi Nagar, as well as entire
proceedings of Complaint Case No. 962 of 2022 (Sarifa Khatoon@Rukhsana Khatoon
vs. Faizul Hasan and others) under Sections 498A, 323, 504, 506 I.P.C. and Section 4
D.P. Act, P.S. Pataherwa, District Kushi Nagar, pending in the court of Judicial
Magistrate, Kushi Nagar and with further prayer to stay the further proceedings of the
aforesaid case during pendency of this application.
4. The matter was referred to the Mediation and Conciliation Centre of this Court vide
order dated 29.11.2023 passed by a co-ordinate Bench of this Court. Office through its
report dated 30.5.2024 has placed on record the report of Mediation Centre, a perusal
of which goes to show that Registrar (Mediation)/In-charge, AHCMCC vide her
report dated 25.1.2024 has reported that the applicants were not deposited money
before the Mediation and Conciliation Center of this Court and they have not
complied with the Court's order with regard to deposit of money till 24.1.2024 and
thus notice could not be issued to the parties by the Mediation Centre.
5. Since there is no representation on behalf of the applicants even in the revised list,
the present application is dismissed in non prosecution.
6. Interim order, if any, stands vacated.
7. Pending application(s), if any, shall stand disposed of.
8. Registrar (Compliance) to communicate this order to the concerned trial
A482 No. 35831 of 2023
2
court/District Judge for information and necessary action within two weeks.
May 12, 2026
Naresh
(Samit Gopal,J.)
Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad
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