Disposed

vasim @ Shekhu and 2 others v. state of up and another

Allahabad HC22 Mar 2018A482/6559/2018

Case brief

AI extract

What is this about?

The High Court refused the Application under Section 482 Cr.P.C. to quash criminal proceedings as disputed facts cannot be adjudicated at this stage. However, it directed the Magistrate to refer the case to the mediation committee as per the Apex Court judgment in Rajesh Sharma.

What did the court decide?

Application for quashing refused. Magistrate directed to refer case to mediation committee within 15 days. No coercive action till mediation report.

vasim @ Shekhu and 2 others Vs state of up and… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 6559 of 2018

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Applicant :- Vasim @ Shekhu And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.,A.Z.Khan

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Hon'ble Umesh Chandra Tripathi,J.

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Heard Sri Azhar Hussain, 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 with a prayer to quash the entire criminal proceedings against the applicants in Criminal Case No. 1582 of 2016 (State v. Vasim and others), arising out of Case Crime No. 124 of 2015 under Sections 498-A, 323, 324, 325, 506, 504 IPC and Section 3/4 Dowry Prohibition Act, Police Station - Kotwali, District - Agra as per compromise dated 14.05.2017, pending in the court of Additional Chief Judicial Magistrate-5, Agra.

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It is submitted by learned counsel for the applicants that no offence against the applicants is disclosed. Present prosecution has been instituted with a mala fide intention for the purpose of harassment. Absolutely baseless and concocted allegations have been levelled against the applicants, who are innocent.

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Per contra, learned A.G.A. opposed the prayer made by learned counsel for the applicants and submitted that there is no illegality or infirmity in passing the impugned order by the court below.

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Perused the material on record. From its perusal 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 above, the prayer for quashing the entire criminal proceedings is hereby refused.

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However, in view of law laid down by Hon'ble Apex Court in the case of Rajesh Sharma and others v. 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

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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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Till the submission of report by the committee of mediation centre, no coercive action shall be taken against the applicants. If bail application is filed by the applicants, the same shall be decided according to direction contained in Rajesh Sharma and others v. State of U.P. and another (supra).

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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

vasim @ Shekhu and 2 others v. state of up and another

Case brief

What is this about?

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vasim @ Shekhu and 2 others v. state of up and another

Case brief

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