Dismissed

Sanjay Singh and 2 Others v. State of U.P. and Another

Allahabad HC31 May 2023A482/41916/2022

Case brief

AI extract

What is this about?

This Single Judge Court dismissed a quashing petition under Section 482 Cr.P.C. concerning proceedings in a domestic dispute case. The court held that the dispute required proof and could not be adjudicated at this stage, thus the prayer to quash the complaint and summons was rejected. Applicants were directed to approach the lower court for bail.

What did the court decide?

Prayer for quashing of complaint, charge sheet and summoning order is refused. Applicants directed to appear before the court below for bail.

Sanjay Singh and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:122541

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 41916 of 2022

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Applicant :- Sanjay Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kushwaha,A Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shekhar Kumar Yadav,J.

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Case called out in the revised. None present for the applicants.

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Learned counsel for the opposite party no.2 is present.

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This Criminal Misc. Application U.S 482 Cr.P.C. has been filed to quash the entire proceeding of Complaint Case No. 3475 of 2012, (Priyankas Singh Vs. Sanjay Singh), including the summoning order under Sections 498A, 323 IPC and section 3/4 D.P. Act, P.S. Nagra, District Ballia, pending in the court of Civil Judge (J.D.)/FTC-II, Ballia.

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It is contended that the matter was referred to Mediation Centre of this Court vide order dated 31.03.2023 on the joint request made by the parties. Despite the matter being referred to the Mediation Centre, the settlement between the parties could not be arrived at and has failed on 03.05.2023. Learned counsel for the opposite party no.2 further submitted that since the mediation in the matter has failed the matter may be decided on merits.

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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. Details of allegations are given comprehensively in the complaint. 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. The defence of the accused cannot be considered at this stage.

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The prayer for quashing the proceedings of case and charge sheet as well as summoning order is refused.

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In view of the above, the present application is dismissed . The applicants are directed to appear before the court below and apply for bail application, and in case, the same is filed before the court below, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by the Apex Court in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

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In compliance of orders of this Court dated 23.02.2023 and 15.03.2023, the applicant no.1 has deposited Rs.50,000/- and Rs.10,000/- (total Rs.60,000/-) in favour of the opposite party no.2 before the Registrar General of this Court. Registrar General of this Court is directed to release the amount of Rs.55,000/- in favour of opposite party no.2 after retaining of Rs.5,000/- for mediation expenses forthwith.

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Order Date :- 31.5.2023 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Sanjay Singh and 2 Others v. State of U.P. and Another

Case brief

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Sanjay Singh and 2 Others v. State of U.P. and Another

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