Point of Law
Where the allegations made in the complaint are patently absurd and inherently improbable so that no prudent person can ever reach a conclusion that there is a sufficient ground for proceeding against the accused.

JUDGMENT :

1. Applicants who are six in numbers, have approached this Court by way of filing an application under Section 482 Cr.P.C. with prayer to quash the entire proceedings in Complaint Case No.491/IX of 2015, (Smt. Tarannum Khatoon @ Sanowar vs. Waris Khan & others) u/s 498A, 323, 504 & 506 IPC and 3/4 D.P. Act, P.S. Naraini, District Banda including summoning order dated 22.12.2015 passed by Chief Judicial Magistrate, Banda in the aforesaid complaint case. Further prayer has been made to stay the proceedings of the aforesaid case.

2. This Court, on 15.11.2016 has passed the following order :

“Heard learned counsel for the applicants and learned A.G.A.

Learned counsel for the applicants submits that an opportunity be granted to the parties for reconciliation /settlement of their dispute by way of mediation. Applicants are also willing to settle the matter through mediation.

I agree with the submission advanced by the learned counsel for the applicants.

The matter is referred to Mediation & Conciliation Centre of this Court. The applicants are directed to deposit a sum of Rs.10,000/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 three weeks from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no. 2 fixing a date to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no. 2 on his/her appearance before the Mediation and Conciliation Centre. The Mediation Centre will submit its report in the matter within three months.

All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List this case on 27.2.2017 before the appropriate Bench along with the report of the Mediation Centre.

Till the next date of listing before the Court, further proceedings against the applicants in complaint case no. 491/IX of 2015, under Section 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Naraini, District Banda pending in the Court of Chief Judicial Magistrate, Banda shall remain stayed.

If the amount, as directed above, is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court.”

3. In pursuance of the abovementioned order, the parties appeared before the Mediation and Conciliation Centre wherein as per the report of the Centre, the parties were entered in an interim agreement dated 19.2.2017, however, as per the report dated 26.3.2017 of the Centre, final settlement was not done despite the interim agreement dated 19.2.2017, and as such, the mediation was concluded without any agreement/settlement.

4. Opposite party no.2, who is represented by Shri Rajesh Kumar, Advocate has opted not to file any counter affidavit and the statement to this effect was recorded and mentioned in the order dated 8.1.2018 passed by this Court. For reference, the said order is quoted hereinater :

“Mediation was not successful.

Sri Rajesh Kumar, learned counsel appearing for the opposite party no. 2 states that he will not file counter affidavit in the matter although Vakalatnama filed by him in the Registry is not on record.

Office is directed to trace the same and place on record.

List this matter on 31.1.2018 under the heading of final hearing.

Stay order, if any, shall continue till the next date of listing.”

5. I have heard Shri Adil Jamal, learned counsel for the applicants, Shri Rajesh Kumar, learned counsel for opposite party no.2 and learned A.G.A.

6. Shri Adil Jamal, learned counsel for the applicants has submitted that the present application is filed by the relatives of Waris Khan, who is the husband of opposite party no.2 (complainant). Applicants are father-in-law, mother-in-law, elder brothers of husband of opposite party no.2 and their resp