Disposed
Shradha and Others v. State of U.P. Thru. Prin. Secy. Home, Lko. and Another
Allahabad HCA482/5993/2024
What the court decided
AI extract
Outcome
Disposed
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Court No. - 11
Case :- APPLICATION U/S 482 No. - 5993 of 2024
Applicant :- Shradha And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another Counsel for Applicant :- Pankaj Singh Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
1. Heard.
2. Instant petition under Section 482 Cr.P.C.-528 B.N.S.S. has been filed challenging the order dated 26.03.2024 passed in a complaint filed under Sections 406 and 506 IPC bearing Case No.143872 of 2023 In re Lokesh Singh Chauhan vs Shradha Gupta & Ors passed by the learned Judicial Magistrate III Lucknow.
3. Issue notice to respondent No.2.
4. List on the date indicated in the notice as fresh.
5. Argument of the learned counsel for the petitioners is that perusal of the order impugned would indicate that the basis of allegation levelled against the petitioners is of respondent No.2 having made a bank transfer for the purposes of purchase of a flat but the said flat has been sold of by the petitioners to a third party.
6. Placing reliance on the demand letter of the said flat dated 01.11.2017, a copy of which is Annexure-4 to the petition, as well as sale agreement dated 13.12.2017, a copy of which is Annexure-5, the argument of the learned counsel for the petitioners is that it is the petitioner No.1 and 3 who have purchased the flat in their own names and the said complaint has been filed by respondent No.2 without giving the details thereof as to when the said money was transferred which itself is suspicious.
7. Further contention is that petitioner No.1-wife is willing to go before the Mediation Centre of this Court inasmuch as dispute can be settled between the parties through the mediation.
8. Keeping in view the aforesaid arguments, prima facie a case for interference is made out. As such it is directed that no coercive action
shall be taken against the petitioners, in pursuance of the order dated 26.03.2024 passed in Complaint Case No.143872 of 2023 till the next date of listing of the case.
Order Date :- 8.7.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether prima facie case for quashing criminal proceedings exists given the mediation possibility and lack of coercive action basis.
1 provisions across 1 enactments
Shradha And Others
State Of U.P.
Abdul Moin
Prateek
As recorded by the court registry
4 orders share this CNR
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