Dismissed

Smt. Mithlesh and 6 Others v. State of U.P. and Another

Allahabad HC27 Nov 2018A482/39620/2017

Case brief

AI extract

What is this about?

The Court refused to quash criminal proceedings under Sections 406, 504, and 506 IPC initiated in a matrimonial dispute, holding that disputed questions of fact preclude intervention under Section 482 CrPC. However, it directed bail disposal within 24 hours of custody within 60 days.

What did the court decide?

Prayer for quashing of proceedings dismissed; directive for bail disposal within 24 hours of custody within 60 days.

Smt. Mithlesh and 6 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 39620 of 2017

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Applicant :- Smt. Mithlesh & 6 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Shashi Shekhar Mishra 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 applicant, learned A.G.A. for the State of U.P. in opposition and perused the record.

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This application under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Code') has been filed on behalf of the applicants with a prayer to quash entire proceedings of Complaint Case No. 481 of 2012 (Smt. Manu Upreti vs. Prem Kishor @ Bhavesh Kumar and others) under Section 406, 504, 506 I.P.C. Police Station Mahila Thana, District Agra pending in the Court of Additional Chief Judicial Magistrate, Court No. 10, Agra as well as Non Bailable Warrant dated 06.03.2017 issued by Additional Chief Judicial Magistrate, Court No. 10, Agra.

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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 is launched against the applicants with mala fide intention due to matrimonial dispute for the purpose of harassment and as such, the present proceedings are sheer abuse of the process of the court.

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Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record was sufficient justifying initiation of criminal proceedings in the aforesaid case by the court below.

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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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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Code.

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In view of the above, the prayer for quashing the entire proceedings in the aforesaid case is refused.

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However, it is directed that if applicants apply for bail, the same

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shall be disposed of on the same day on which they are taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501.

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For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.

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With the aforesaid directions, the application stands finally disposed of.

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Order Date :- 27.11.2018 VG..

Smt. Mithlesh and 6 Others v. State of U.P. and Another

Case brief

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Smt. Mithlesh and 6 Others v. State of U.P. and Another

Case brief

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