Partly allowed

Sunil Yadav and 2 Ors. v. State of U.P. and Anr.

Allahabad HC13 Apr 2018A482/12100/2018

Case brief

AI extract

What is this about?

Single Judge ACA quashed no, refused to quash Section 482 Cr.P.C. application but directed Magistrate to refer case to mediation centre under Rajesh Sharma guidelines, preventing coercive action pending report.

What did the court decide?

Reference to mediation centre directed; coercive action stayed pending report; bail bail application to be decided per Rajesh Sharma.

Sunil Yadav and 2 Ors. Vs State of U.P. and Anr. — Domestic Violence | Allahabad HC (2018)

¶1

Court No. - 28

¶2

Case :- APPLICATION U/S 482 No. - 12100 of 2018 Applicant :- Sunil Yadav And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Amarendra Nath Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A.

¶3

Hon'ble Umesh Chandra Tripathi,J.

¶4

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

¶5

This application under Section 482 Cr.P.C., has been filed for quashing the impugned summoning order dated 1.1.2018 passed by learned Chief Judicial Magistrate, Ghazipur in Complaint Case No. 2285/2017 (Kiran Yadav Vs. Sunil Yadav and others) under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali, District Ghazipur.

¶6

It is submitted by learned counsel for the applicants that applicant No. 1 (Sunil Yadav) is serving in military. It is also 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.

¶7

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 .

¶8

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.

¶9

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

¶10

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

¶11

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

¶12

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).

¶13

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

¶14

Order Date :- 13.4.2018 Jaswant

Sunil Yadav and 2 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Sunil Yadav and 2 Ors. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saurabh @ Saurabh Kumar Vs State of U.P. and Anr.

Km. Saloni Shukla Vs State of U.P. and Another

Rajesh Kumar Vs State and Others

Ram Kishor and 2 Ors. Vs State of U.P. and Anr.

Vinod Goel Vs State of U.P. and Anr.

Mehandi Hasan and 3 Ors. Vs State of U.P. and Anr.