Disposed

Raies and 3 Others v. State of Up and Another

Allahabad HC23 Apr 2018A482/12133/2018

Case brief

AI extract

What is this about?

Applicants sought to quash a conviction order in Sections 323, 504, 506 IPC complaints stemming from a matrimonial dispute. The Single Judge refused the quash but mandated a mandatory mediation at the District Court, directing no coercive action during the mediation period.

What did the court decide?

Quash prayer refused; case remanded to Distt. Court, Amroha for mediation within 15 days; no coercive action pending mediation report.

Raies and 3 Others Vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2018)

¶1

Court No. - 28 Case :- APPLICATION U/S 482 No. - 12133 of 2018 Applicant :- Raies And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Adil Khan Hon'ble Umesh Chandra Tripathi,J.

¶2

Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned A.G.A. for the State and perused the record.

¶3

This application under Section 482 Cr.P.C. has been filed to quash the judgment and order dated 09.03.2018 passed by Chief Judicial Magistrate, Amroha in Complaint Case No. 6024/2017 (Momin Vs. Raies and others) under Sections 323, 504, 506 I.P.C., Police Station Deedauli, District Amroha.

¶4

It is submitted by learned counsel for the applicants that Smt. Shakila sister of applicants Raies and Chottey is married with opposite party no. 2 Momin. There is matrimonial dispute between the parties. This complaint has been filed maliciously with false allegations. There is no medical report in support of injury to complainant.

¶5

Learned counsel for opposite party no. 2 and learned A.G.A. contended that there is no illegality in the order passed by court below. It is further contended that statement of complainant and his witnesses are supported by medical report.

¶6

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

¶7

The prayer for quashing the judgment and order passed in the aforesaid case, is refused.

¶8

However, in view of law laid down by 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, learned Magistrate is directed to refer the case to mediation at District Court Amroha 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).

¶11

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

¶12

Order Date :- 23.4.2018/Sharad/-

Raies and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Raies and 3 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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