Nishant Matlotiya and Another v. State of U.P. and Another
Case brief
What is this about?
Single Judge rejected an application under Section 482 Cr.P.C. to quash the charge sheet. The application was denied despite counsel's submission of a family dispute, as the police case involved grave offences. The applicant was directed to approach the court below for a compromise.
What did the court decide?
Application to quash the charge sheet rejected. Applicant directed to approach the Court below for compromise.
What the court decided
Court No. - 17
Case :- APPLICATION U/S 482 No. - 20 of 2018
Applicant :- Nishant Matlotiya And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 482 Cr.P.C. has been moved with a prayer to quash the charge sheet pending before the Chief Judicial Magistrate, Gautambudh Nagar in Case No.7796 of 2016 arising out of N.C.R. No. 413 of 2015 under Sections 323, 506 I.P.C, Police Station Sector 20 Noida, District Gautambudh Nagar and also a prayer is made to stay the entire proceedings of the said case till the disposal of this application.
Learned counsel for the applicants has contended that this is a family dispute. The opposite party no. 2 is the wife of brother of applicant no. 2 and the applicant no. 1 is the husband of the applicant no. 2. Both the parties are residing on the first floor and the ground floor in the same house respectively. The father of the applicant no. 2 wants to evict the husband of opposite party no.2 from the said house because of which this false case has been initiated against the applicants. A civil case is pending between the parties in the district court. Therefore, this matter may be referred to the Medication Centre.
A perusal of NCR indicates that the opposite party no. 2 has lodged a case on 12.12.2015 on 23.00 hrs. that the applicants had beaten and threatened to kill the daughter of opposite party no. 2, as a result of which after investigation, the police has submitted charge sheet in the said case and it not contended by the learned counsel for the applicant that there is no evidence on record to constitute the offence under section 223 and 506 IPC, hence there is no ground to quash the FIR at this stage. Application deserves to be rejected it is accordingly rejected.
Issues for consideration
2 issues framed by the court
Whether the offence is purely private in nature and a case was initiated due to a family dispute.
Whether the FIR should be quashed under Section 482 Cr.P.C. on the grounds of lack of evidence and family dispute.
Parties & counsel
- applicant
Nishant Matlotiya
- applicant
An X
Coram
Dinesh Kumar Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/20/2018
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