Sanjeet And 3 Ors. vs State Of U.P. And Another
2014 Latest Caselaw 6603 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 40388 of 2014
 

 
Applicant :- Sanjeet And 3 Ors.
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- R.B. Kanhere
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the Case No.40 of 2014 under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, PS.Lohamandi, District Agra  and further prayer is to stay the proceeding of aforesaid case.

Learned counsel for the applicants submitted that the complainant-opposite party no.2 is wife of the applicant no.1. It is a matrimonial dispute.  She left the matrimonial house and an application under section 9 of the Hindu Marriage Act was filed for restitution of conjugal right. However, she did not return and even she took the jewellery etc.alongwith her.  When the complaint was filed under section 406 I.P.C. with other section, then on the false and concocted story in counter blast the impugned complaint has been filed. 

Learned AGA opposed aforesaid prayer.

Considered the submission of counsel for the parties. The disputed question of facts will be examined by the court concerned on the basis of evidence adduced by the parties, hence at this initial stage, no interference is required. However, the court concerned where the proceeding is pending, is expected to scrutinise the material/evidence very carefully so innocent persons are not prosecuted, harassed and held guilty.

However, in view of the aforesaid facts, if the applicants appear before the courts below within four weeks and apply for bail, it is expected that the same will be considered and disposed off expeditiously, in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437. If due to any reason the bail application could not be disposed off same day, the applicants may be released on interim bail till disposal of the bail application.

With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.

Order Date :- 18.9.2014

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