Dismissed

Anisuddin Ahmad Khan and 5 Others v. State of U.P. and Another

Allahabad HC20 Sept 2021A482/12476/2021

Case brief

AI extract

What is this about?

Single judge dismissed an application under Section 482 CrPC seeking quashing of the charge-sheet in a matrimonial case. The court held that the applicants failed to establish grounds of separate residence or false implication as required by precedent. The petition allowed conditional liberty to file for mediation if the opposite party consents.

What did the court decide?

Application for quashing dismissed; liberty granted to move trial court for mediation upon opposite party's consent.

Anisuddin Ahmad Khan and 5 Others Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 12476 of 2021

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Applicant :- Anisuddin Ahmad Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Agarwal,J.

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None for the applicants.

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Sri Samiuzzaman Khan had sought time on behalf of Sri Zaid Arshad on 09.08.2021.

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Today, nobody is appearing for the applicants.

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File perused with the help of Sri Anshuman Singh, learned AGA for the State.

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This case has been filed on behalf of the applicants seeking quashing of the impugned charge-sheet and also seeking stay of all the proceedings of Case No.7316 of 2020 arising out of Case Crime No.66 of 2020, under Sections 498-A, 323, 147 IPC, 3/4 D.P. Act and Section 4 of Muslim Women (Marriage Right and Protection) Act, 2019, Police Station Bindki, District Fatehpur, pending in the court of learned Civil Judge (Junior Division), Fatehpur on the ground that marriage of respondent no.2 took place with applicant no.1- Anisudddin Ahmad Khan in the year 2012.

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It is submitted that it is settled law laid down by Hon'ble Apex Court that in a matrimonial dispute entire family members should not be harassed and it is further submitted that applicant no.1 has already filed an application for restitution of conjugal rights in the year 2017 where respondent no.2 has not appeared and has filed case against the applicants making omnibus and general allegations.

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However, to bring out the case within the parameters of law laid down by Supreme Court in case of Geeta Mehrotra and Another vs. State of U.P. and Another; 2012 (10) SCC 741, applicants have neither canvased a ground of separate residence nor have given any details to show that applicants have separate residence from applicants no.1 and 2 and that they have been falsely implicated. There is no whisper about either separate residence or even about the relationship with the respondent no.2 and, therefore, careful perusal of the FIR and charge-sheet,

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it is evident that applicants' case is not covered with the ratio of law laid down in case of Geeta Mehrotra (supra) especially when applicant no.1 is husband of the complainant, applicants no.2 and 3 are real brothers and applicants no.4 and 5 are real sisters. Complete details have not been given qua applicant no.6 and his parentage has been left blank. Address is common for all the applicants and, therefore, at this stage, no ground for interference is made out.

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Application fails and is dismissed .

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At this stage, Sri Zaid Arshad, learned counsel for the applicants appears and submits that matter can be referred to mediation for amicable settlement.

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If, this statement is true, then also without the consent of the other side, no matter can be referred to mediation. Thus, liberty is granted to the applicants to move an appropriate application before the trial court for mediation and if consent is given by the opposite party no.2, then trial court may refer the matter for mediation without getting influenced by the order being passed by this Court today.

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Order Date :- 20.9.2021 Ravi/-

Anisuddin Ahmad Khan and 5 Others v. State of U.P. and Another

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Anisuddin Ahmad Khan and 5 Others v. State of U.P. and Another

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