Disposed

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

Allahabad HC13 Apr 2018A482/12118/2018

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings for offenses under Sections 498A, 323, 506 IPC and D.P. Act as mala fide, the High Court refused the prayer but directed reference to a mediation committee under Rajesh Sharma guidelines with a stay on coercive action.

What did the court decide?

Quashing of proceedings and summoning order refused; case referred to mediation committee under Rajesh Sharma guidelines; no coercive action till report.

Mehandi Hasan and 3 Ors. Vs State of U.P. and Anr. — Domestic Violence | Allahabad HC (2018)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 12118 of 2018

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Applicant :- Mehandi Hasan And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard Mohammad Khalid, learned counsel for the applicants, 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 with a prayer to quash the entire proceedings of Complaint Case No. 582 of 2014 (Munne v. Mehandi Hasan) under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station - Ganjdundwara, District - Kasganj as well as the summoning order dated 21.12.2016 passed by Chief Judicial Magistrate, Kasganj.

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Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide and as such, the present proceedings are an abuse of the process of the court.

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Per contra, learned A.G.A. contended that there is no infirmity or illegality in the impugned order.

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Perused the impugned order. At this stage, it cannot be said that no offence is made out against the applicants.

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In view of above, the prayer for quashing the entire proceedings as well as the summoning order of the aforesaid case is hereby refused.

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However, in view of law laid down by Hon'ble Apex Court in the case of Rajesh Sharma and others v. State of U.P. and another reported in 2017 0 AIR (SC) 3869 , learned Magistrate is directed to refer the case to committee constituted for mediation at District Court, Kasganj within 15 days from the date of receipt of certified copy of this order.

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The committee of mediation centre shall submit its report within one month from the date of receipt of the case

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before the learned Magistrate.

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Till the submission of report by the committee of 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 directions, the instant application stands disposed of. Order Date :- 13.4.2018 I. Batabyal

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

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

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