Dismissed

Ravi and Another v. State of U.P. and Another

Allahabad HC11 Apr 2018A482/11798/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court refused to quash the impugned orders. However, it directed the Magistrate to refer the case to the mediaion centre within 15 days, stayed coercive actions, and allowed bail decisions guided by the Rajesh Sharma precedent pending the mediation report.

What did the court decide?

Refused quashing; directed reference to mediation centre within 15 days; restraint on coercive actions pending mediation report.

Ravi and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 11798 of 2018

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Applicant :- Ravi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajit Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C., has been filed for quashing the impugned order dated 9.11.2016 in Criminal Revision No. 456 of 2014 (Ravi Vs. State) passed by Addl. Sessions Judge, Court No. 2, Aligarh as well as order dated 16.4.2014 in Case No. 226 of 2013 (Smt. Rinky Devi Vs. Ravi and others) under Sections 498-A, 323 IPC and Section 3/4 D.P. Act, P.S. Dado, District Aligarh passed by Addl. Chief Judicial Magistrate, Court No. 1, Aligarh.

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It is submitted by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.

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Apart from arguing on merit of the case, learned counsel for the applicants further submitted that the present matter may be referred to the Mediation Centre as per direction of Hon'ble Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another reported in 2017 0 AIR (SC) 3869 .

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and

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another (Para-10) 2005 SCC (Cr.) 283.

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The prayer for quashing the impugned orders passed in the aforesaid case is refused.

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However, learned Magistrate is directed to refer the case to mediation centre at District Court, Aligarh within 15 days from the date of receipt of certified copy of this order.

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The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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Till the submission of report by the mediation centre, no coercive action shall be taken against the applicants. If bail application is filed by the applicants, the same shall be decided according to direction contained in Rajesh Sharma's case (supra).

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With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.

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Order Date :- 11.4.2018 Jaswant

Ravi and Another v. State of U.P. and Another

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Ravi and Another v. State of U.P. and Another

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