RAJEEV SINGH,J. - (1.) Heard Shri Syed Waqar Husain, learned counsel for the applicant, Shri Amit Srivastava, learned counsel for the opposite party No.2 and Shri Aniruddh Kumar Singh, learned A.G.A.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the entire Criminal Proceeding including cognizance order dated 03.04.2019 passed by the Chief Judicial Magistrate, Lucknow in Case No.17434 of 2019 arising out of Case Crime No.1504 of 2018, under Sections 323, 504 and 506 I.P.C., Police Station Gomti Nagar, District Lucknow.
(3.) Learned A.G.A. as well as learned counsel for the opposite party No.2 raised preliminary objection that the present petition is the second one with the same prayer and this fact is not mentioned in the pleading. Earlier application bearing Criminal Misc. Application (u/s 482 Cr.P.C.) No.4208 of 2019 (Nidhi Tiwari (Bajpai) and Another Vs. State of U.P. and others) was filed on 29.05.2019. On 31.05.2019, the following order was passed by this Court in Criminal Misc. Application (u/s 482 Cr.P.C.) No.4208 of 2019, is being reproduced as under:- "On an oral prayer of learned counsel for the petitioners, he is allowed to delete respondent Nos.4 and 5 from the array of the parties. Let necessary amendment be carried out during the course of the day. The dispute between petitioners and respondent Nos.2 and 3. Petitioners are wife and husband who got married recently in the year 2018. Respondent Nos.2 and 3 are the parents of petitioner No.2 and in-laws of petitioner No.2. Since, the dispute is between the family members and two FIRs have been registered by petitioner No.1 against respondent Nos.2 and 3 and others and the other by respondent No.2 against the petitioners, it would be appropriate to refer this matter to Mediation and Conciliation Centre of this Court. The parties are directed to appear before Mediation and Conciliation Centre of this Court on 09.07.2019. It is further provided that the petitioners will deposit a sum of Rs.10,000/- with the Mediation and Conciliation Centre of this Court. Learned mediator(s) is/are requested to make his/her all out efforts to get the matter settled between the parties. List this case after the receipt of the mediation report. Interim order, granted earlier, shall continue to operate till the next date of listing of the case. " ;