Kanchan Sharma And Others vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1446 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- APPLICATION U/S 482 No. - 278 of 2023
 

 
Applicant :- Kanchan Sharma And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
 
Counsel for Applicant :- Shrikant Tripathi,Kirti Kar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicants, Sri Aniruddh Kumar Singh-I, learned A.G.A. for the State and perused the record.

The instant application has been filed with the prayer to quash the charge sheet no.1 of 2022 dated 21.8.2022 filed in Case Crime No.172 of 2022 under Sections 498-A, 323, 504, 506, 354 Kha I.P.C. and 3/4 D.P. Act PS. Aashyana, Lucknow, cognizance order dated 22.9.2022 passed by Addition Chief Judicial Magistrate-V, Lucknow and the proceeding of Case No.92136 of 2022 titled as State of U.P. Vs. Sharad Sharma & others filed on the basis of Case Crime No.172 of 2022 under Sections 498-A, 323, 504, 506, 354 Kha I.P.C. and 3/4 D.P. Act P.S. Aashyana, Lucknow in respect of the applicants.

Learned counsel for the applicants submits that the applicants are family members and relatives and they have been falsely implicated in the F.I.R. He next added that due to enmity, names of the applicants have been planted in the F.I.R. It has been settled law that mere on the basis of general allegation against the family members and relatives of the husband, no criminal proceeding will be permitted to go on. In support of his submission, he has placed reliance on the Judgments of the Apex Court rendered in the cases of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464 and Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others, (2022) 6 SCC 599.

Referring the aforesaid Judgments, he submits that the case of the applicants are fully covered under the ratio of the judgments and submits that interest of justice would be sub-served, if this Court permits the applicants to appear before the court below and file an application for discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court in the light of the Judgments in Geeta Mehrotra (supra) and Kahkashan Kausar @ Sonam and others (supra).

Learned AGA for the State has no objection to the aforesaid submission.

In view of aforesaid, the applicant is permitted to move an application for discharge before the court below within ten days from today and if such an application is moved, the same shall be decided within a further period of 45 days from the date of production of certified copy of this order before it, in the light of the Judgments in Geeta Mehrotra (supra) and Kahkashan Kausar @ Sonam and others (supra).

With the aforesaid observation, the application is disposed off.

Order Date :- 13.1.2023

Ram Murti