Disposed

Jitendra and Another v. State of Up and Another

Allahabad HC12 Mar 2018A482/5564/2018

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings instituted against the applicants for offences under Sections 498-A, 323, and 504 IPC. However, relying on Rajesh Sharma, the court directed the trial court to refer the case to a mediation committee, stayed coercive actions for 60 days, and set timelines for discharge.

What did the court decide?

Prayer for quashing refused; reference to mediation committee directed; coercive action stayed for 60 days; timeline set for discharge application.

Jitendra and Another Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 14 Case :- APPLICATION U/S 482 No. - 5564 of 2018 Applicant :- Jitendra And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Vidit Narayan 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 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 entire proceedings of Case No. 5748 of 2017 (State Vs. Jitendra and another) which arises from the chargesheet No. 91 of 2017 dated 12.7.2017 in case crime no. 68 of 2017 under Sections 498-A, 323, 504 IPC, P.S. Mahila Thana, District Gautam Budh Nagar.

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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, Gautam Budh Nagar 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 applicants claim discharge under Section 239 Cr.P.C., within 30 days from today, the same shall be considered and disposed of expeditiously within next 30 days from the date of presentation of discharge application before the court concerned .

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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 :- 12.3.2018 Jaswant

Jitendra and Another v. State of Up and Another

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Jitendra and Another v. State of Up and Another

Case brief

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