Dismissed

Sonu and 2 Others v. State of U.P. and Another

Allahabad HC11 Apr 2018A482/11805/2018

Case brief

AI extract

What is this about?

The High Court rejected the applicant's petition under Section 482 Cr.P.C. seeking quashment of a summons order. Although the application was refused on merits, the Court directed the trial court to refer the matter to a mediation center for one month, prohibiting coercive action during this period and considering bail directions under Rajesh Sharma.

What did the court decide?

Quashing of summons order refused; case directed to mediation center; coercive actions stayed; bail to follow Rajesh Sharma directions.

Sonu and 2 Others 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. - 11805 of 2018

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Applicant :- Sonu And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pandey Balkrishna 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 order dated 5.8.2017 passed by the learned Addl. Chief Judicial Magistrate, Court No. 5, Agra in Case No. 199 of 2017 (Smt. Nasima Khatoon Vs. Sonu and others) under Sections 323, 325, 504, 506 IPC, Police Station Sadar Bazar, District Agra.

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

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The prayer for quashing the summoning order passed in the aforesaid case is refused.

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However, learned Magistrate is directed to refer the case

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to mediation centre at District Court, Agra 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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However, alternative remedy is available to the applicants under Section 245 (2) Cr.P.C. If applicants file discharge under Section 245 (2) Cr.P.C., the same shall be decided by the trial court in accordance to law.

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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

Sonu and 2 Others v. State of U.P. and Another

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Sonu and 2 Others v. State of U.P. and Another

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