Partly allowed

Rajendra Kumar and 3 Others v. State of U.P. and Another

Allahabad HC14 Mar 2018A482/16/2018

Case brief

AI extract

What is this about?

The Single Judge dismissed the application under Section 482 Cr.P.C. to quash the charge sheet, holding that an offence is made out. However, the court directed trial courts to refer the case to mediation per Rajesh Sharma and restrained coercive action for 60 days.

What did the court decide?

Refused quashing of charge sheet; directed reference to mediation within 15 days and restrained coercive action for 60 days.

Rajendra Kumar and 3 Others Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2018)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 16 of 2018

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Applicant :- Rajendra Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Dubey 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.

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This application under Section 482, Cr.P.C. has been filed for setting aside the charge sheet dated 10.7.2017 in case No. 1898 of 2017 arising out of case crime no. 58 of 2017 under Sections 498A, 323, 342, 504, 506, 406 IPC and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, 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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Learned A.G.A., contended that there is no illegality or infirmity in the impugned order passed by the trial court.

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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.

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The prayer for quashing the entire criminal proceeding against applicants in the aforesaid case is refused.

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However, 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, learned Magistrate is directed to refer the case to committee constituted for mediation at District Court, Agra 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 before the learned Magistrate.

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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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It is further provided that in case, the applicant Nos. 1 and 2 claim discharge in person and applicant Nos. 3 and 4 claims discharge through counsel under Section 239 Cr.P.C., within 30 days from today, the same shall be considered and disposed of expeditiously within 30 days from the date of presentation of discharge application before the court concerned, considering the judgment

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passed by Hon'ble Supreme Court in the case of Geeta Mehrotra & Another Vs. State of U.P. reported in 2012 Law Suit (SC) 716.

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For a period of 60 days from today, no coercive action shall be taken against applicants.

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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 :- 14.3.2018 Jaswant

Rajendra Kumar and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Rajendra Kumar and 3 Others v. State of U.P. and Another

Case brief

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