Manju Verma And Another vs State Of U.P.And Another
2022 Latest Caselaw 5895 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 15707 of 2022
 

 
Applicant :- Manju Verma And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Vivek Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arvind Kumar Mishra-I,J.

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

By way of the instant application, the applicants have sought for quashment of the judgment and order dated 08.04.2022, passed by the Additional District and Sessions Judge, Court No.9, Varanasi in Criminal Revision No. 285 of 2019 (Raju Verma and Another vs. State of U.P.) and the order dated 15.02.2019, passed by the Additional Chief Judicial Magistrate, Court No.3, Varanasi in Complaint Case No. 123 of 2018 (Sangeet Sonkar vs. Raju Verma and others), by which the applicants have been summoned under Sections - 452, 323, 504, 506 and 379 of Indian Penal Code on the complaint dated 13.06.2018 filed by the opposite party no.2 being Police Station - Bhelupur, District - Varanasi.

Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicants is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicant. Therefore, the prayer of quashment of the proceeding is refused.

However, considering the particular submission that the complaint has been filed against the applicants on account of some misunderstanding and some irritation to opposite party no.2, therefore, some time may be given for amicable settlement of the dispute in question before the mediation centre at district level.

Submission so made can be made before the court below, who may thereafter facilitate mediation between the parties, if permissible in law.

With the aforesaid direction, the instant application is disposed of.

Order Date :- 4.7.2022

S Rawat