Allahabad High Court
Pramod Kumar And 5 Others vs State Of U.P. Home Deptt Thru Secy ... on 8 February, 2022
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- APPLICATION U/S 482 No. - 458 of 2022
Applicant :- Pramod Kumar And 5 Others
Opposite Party :- State Of U.P. Home Deptt Thru Secy And Another
Counsel for Applicant :- Anshuman Tripathi,Surendra Kumar Shukla
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed with the prayer to quash the impugned charge sheet No.01 dated 01.11.2020 in Case Crime No.0013 of 2020, under Sections 323, 504, 506, 498A, I.P.C. and Sections 3/4 of D.P. Act, Police Station Hasanganj, District Lucknow and the summoning order dated 22.10.2021 passed by Judicial Magistrate-II, Lucknow along with the further prayer to direct the Judicial Magistrate-II to grant same day bail after taking reliable surety from the applicants.
Learned counsel for the applicants has submitted that marriage of applicant No.1 was solemnized with the opposite party No.2 on 09.05.2017 and thereafter, she was enjoying her matrimonial life, but due to some trivial issue, the F.I.R. in question was lodged on the basis of concocted facts and all the family members including the sister-in-laws (Nanads) as well as parent-in-laws and brother-in-law have been dragged in the F.I.R., and in the most mechanical manner, without considering the version of the applicants, charge sheet was prepared by the Investigating Officer and filed before the court below and cognizance was taken by the court below. He further submitted that the case of applicants is squarely covered from the decision of Hon'ble Supreme Court in the case of Geeta Mehrotra and Another vs State of U.P. and Another (2012) 10 SCC 741. He further submitted that there is every possibility of settlement in the matter in case the matter is send to the Mediation Centre. Therefore, kind indulgence of this Court is necessary.
Learned A.G.A. has opposed the prayer of the applicants in relation to quashing of charge sheet, but he does not dispute this fact that prosecution in question is initiated on the basis of some matrimonial dispute in between the applicant No.1 and the opposite party No.2, and he has no objection in case the matter is send to the Mediation Centre.
Considering the arguments of learned counsel for the applicants as well as learned A.G.A. and going through the contents of the F.I.R. and other relevant documents annexed with the application as well as judgment of Hon'ble Supreme Court in the case of Geeta Mehrotra (supra), the matter requires consideration.
Issue notice to the opposite party No.2.
Steps be taken within ten days.
List this case on 11.04.2022. On the next date, applicant No.1 as well as opposite party No.2 shall appear before this Court.
Applicant No.1 is directed to deposit Rs.20,000/- before the Senior Registrar of this Court by the next date of listing.
Till the next date of listing, impugned proceedings shall remain stayed.
Order Date :- 8.2.2022
S. Shivhare
