Partly allowed

Deepak and 3 Others v. State of U.P. and Another

Allahabad HC22 Mar 2018A482/5578/2018

Case brief

AI extract

What is this about?

High Court refused to quash prosecution proceedings under Section 482 Cr.P.C. directing trial court to refer matter to mediation committee and order expedited hearing of discharge applications in matrimonial dispute.

What did the court decide?

Quashing of proceedings refused; reference to mediation committee directed; bail and discharge applications to be decided expediently.

Deepak and 3 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 5578 of 2018

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Applicant :- Deepak And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Srivastava 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, learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of the charge sheet dated 25.08.2017 as well as the cognizance order dated 17.10.2017 in Case No. 1075 of 2017, arising out of Case Crime No. 90 of 2017 under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station - Mahila Thana, DistrictGautam Budh Nagar, pending in the court of Civil Judge (Senior Division)/F.T.C., Gautam Budh Nagar.

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Learned counsel for the applicant contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide and as such, the present proceedings are an abuse of the process of the court.

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Learned A.G.A. contended that there is no illegality in passing impugned order 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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All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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In view of the above, the prayer for quashing the entire proceeding of charge sheet and the cognizance order passed 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

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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 and others Vs. State of U.P. and another (supra).

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It is further provided that in case applicant no. 1 - Deepak claims discharge under Section 239 Cr.P.C. in person and applicant nos. 2, 3 and 4 - Mahakwati, Sonam and Ramkesh claim discharge under Section 239 Cr.P.C. through counsel within 30 days from today, the same shall be considered and decided expeditiously, preferably within two weeks from the date of presentation of discharge application before the court concerned .

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Till the submission of report by the committed of mediation centre, no coercive action shall be taken against applicant no. 1.

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Till the disposal of discharge application, no coercive action shall be taken against applicant nos. 2, 3 and 4.

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With the aforesaid directions, the instant application is finally disposed of .

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Order Date :- 22.3.2018 I. Batabyal

Deepak and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Deepak and 3 Others v. State of U.P. and Another

Case brief

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