Rambihari Sharma and 2 Others v. State of U.P. and Another

Court No. - 73

Case :- APPLICATION U/S 482 No. - 35072 of 2024

Applicant :- Rambihari Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Gaur Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicants to quash the proceedings in Case No. 188/12 of 2017 (Pooja v. Ram Bihari Sharma and others) arising out of Case Crime No. 638 of 2016, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. act, Police Station Hathras Kotwali, District Hathras, impugned summoning order dated 16.07.2024, pending in the Court of Civil Judge (J.D.)/ F.T.C.2, Hathras.

Learned counsel for the applicants submits that the dispute has arisen out of matrimonial discord between the parties. They are having all bona fide intentions to settle the matter amicably with the opposite party no. 2 and in this regard desire to enter the process of mediation. He has expressed full hope that through the process of mediation, the applicants shall succeed to ameliorate all grievances of opposite party no. 2.

The Court is satisfied on the basis of record and submissions made before it that the nature of litigation is such that the chances to resolve the matter through process of conciliation do exist and an attempt ought to be made to explore that possibility.