Citation : 2022 Latest Caselaw 20398 ALL
Judgement Date : 8 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 84 Case :- APPLICATION U/S 482 No. - 29174 of 2022 Applicant :- Pradeep Kumar Meena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubhashish Singh,Abhinab Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
1. The present application under Section 482 Cr.P.C. has been filed for quashing of charge sheet dated 19.06.2019 and summoning order dated 10.06.2020 as well as entire proceedings of Case No. 3761 of 2020 (State vs. Pradeep Kumar Meena), arising out of Case Crime No. 040 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Mathura.
2. Learned counsel for applicant submits that during investigation there are certain contradictions on the basis of which no case is made out against applicant.
3. I have carefully perused the statements which are annexed alongwith this application. Complainant in her statement recorded under Section 161 Cr.P.C. has specifically stated about the allegations against applicant. So far as reliance placed on statement of Majid Byan is concerned, it cannot be considered to the extent to conduct a mini trial which is not permissible at this stage as held in Ramveer Upadhyay and another vs. State of U.P. and another, 2022 SCC OnLine SC 484.
4. At this stage, learned counsel for applicant submits that there is possibility of compromise between parties.
5. In view of above, as no case is made out on merit to exercise inherent power of this Court, the prayers made in this application are rejected and it is disposed of with liberty to applicant to appear before Court concerned and file application for bail as well as for mediation and Trial Court is directed to consider bail application in accordance with law and in terms of judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 as well as may refer the matter for mediation.
Order Date :- 8.12.2022
AK-(Sl. No. 23 out of 184 fresh cases)
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