Allahabad High Court
Km. Rinki And Others vs State Of U.P. And Another on 12 April, 2012
Bench: Yogesh Chandra Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- APPLICATION U/S 482 No. - 37041 of 2011
Petitioner :- Km. Rinki And Others
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Bhuvnesh Kumar Singh
Respondent Counsel :- Govt.Advocate
Hon'ble Yogesh Chandra Gupta,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The applicants are accused and by invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C., they are seeking to quash the entire proceeding of complaint case no.115 of 2011 (Smt. Satvendra Vs. Adjit Singh and others), under Sections 498A, 147, 324, 504,506 I.P.C. and 3/4 D.P. Act, P.S. Haldaur, District Bijnor pending before the Court of A.C.J.M., Bijnor.
It would appear from the record that the case relates to the matrimonial dispute between the parties. It would further be seen that on the request of the applicants by order dated 02.01.2011, the case was referred to the Mediation and Conciliation Centre of this Court. By the said order applicants were also directed to deposit a sum of Rs.10,000/- with the Mediation Centre, 70% of the said amount was to be paid to opposite party no.2 towards maintenance and expenses for appearing before the Mediation Centre. The report of Mediation and Conciliation Centre dated 02.01.2012 is on record. It states that the applicant did not comply with the Court's order dated 02.01.2011 and did not deposit the said amount of Rs.10,000/-, therefore, the notices were to opposite party no.2 Smt. Satvendra @ Dolly could not be sent by the Mediation Centre and mediation proceeding could not take place.
Having heard learned learned counsel for the applicants and having gone through the record no case for quashing the proceedings of the aforesaid case is made out.
However, considering the submissions of learned counsel for the applicants and in the facts and circumstances of the case, It appears appropriate and is accordingly directed that in case the applicant no.1 to 5 namely Km. Rinki, Smt. Ruchi, Nanhi Kaur, Ajit Singh and Har Pal Singh appear/surrender before the court concerned within a period of 30 days from today and move application for bail, the same shall be heard and disposed of by the courts below on the same day. In case the Court concerned does not find for sufficient reasons in a position to decide the bail application on the same day, it will release the aforementioned applicants on interim bail till the dispossal of their bail application.
As regards the applicant no.6 Vipin in case he appears/surrenders before the court concerned within a period of 30 days from today and moves application for bail, the same shall be heard and disposed of in accordance with the principles as laid down by this court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 as approved by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant.
With the aforesaid observation the application under section 482 Cr.P.C. Is disposed of finally.
Order Date :- 12.4.2012
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