Amit And 4 Others vs State Of U.P. And Another
2015 Latest Caselaw 2710 ALL

Citation : 2015 Latest Caselaw 2710 ALL
Judgement Date : 28 September, 2015

Allahabad High Court

Amit And 4 Others vs State Of U.P. And Another on 28 September, 2015

Bench: Ramesh Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28993 of 2015
 
Applicant :- Amit And 4 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Smt. Mandavi Tripathi,Santosh Tripathi
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Smt. Mandavi Tripathi, learned counsel for the applicants, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.

This application has been filed for quashing the charge-sheet dated 17.06.2015 (cognizance order dated 03.09.2015 incorporated in it), and summoning order dated 03.09.2015 and and entire proceeding of Case No. 4829 of 2015, arising out of Case Crime No. 89 of 2015, under Sections 498-A, 406, 506 IPC and 3/4 D.P. Act, registered at Police Station Kavi Nagar, District Ghaziabad pending in the court of learned Additional Chief Judicial Magistrate, Court No. 8,Ghaaiabad, in the interest of justice. He further prayed for stay the further proceeding of the aforesaid case.

It is submitted by the learned counsel for the applicants that applicants have earlier approached this Court by means of filing the Criminal Misc. Application No. 14880 of 2015, for quashing the proceeding of Domestic Violence Act, filed by the opposite party no.2, which is pending before this Court, and the matter has been referred to Mediation Center vide order dated 27.05.2015 passed by another Bench of this Court, and a final settlement has been arrived between the parties on 22.09.2015. A photocopy of the same has been produced by the learned counsel for the applicants, which is taken on record.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.

Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.

List immediately after expiry of the aforesaid period before appropriate Bench, alongwith Criminal Misc. Application No. 14880 of 2015.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicants.

Order Date :- 28.9.2015

VKG