Raghvendra Patel And 6 Others vs State Of U.P.And Another
2023 Latest Caselaw 17584 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:142954
 
Court No. - 35
 

 
Case :- APPLICATION U/S 482 No. - 25358 of 2023
 

 
Applicant :- Raghvendra Patel And 6 Others
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Sunil Choudhary
 
Counsel for Opposite Party :- G.A.,Sushil Kumar Rao
 

 
Hon'ble Vikas Budhwar,J.

1. Heard Sri Sunil Choudhary, learned counsel for applicant as well as Sri Sushil Kumar Rao, learned counsel who appears for respondent no. 2 and learned AGA for the State.

2. This is an application under Section 482 of Criminal Procedure Code, 1973 preferred by the applicants for quashing the entire proceedings of criminal case no.6255 of 2022 (State Vs. Raghvendra Patel and others) arising out of case crime no. 186 of 2021, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Tarkulwa, in the court of Civil Judge (J.D.)/ F.T.C.-II, Deoria.

3. Learned counsel for the applicant submits that the entire proceedings against the applicant are grossest misuse of the process of law as the marriage of applicant stood solemnized with the opposite party no.2, 12 years ago. It is further the stand of the applicant that even in fact a compromise was also entered into between the parties. Sri Sushil Kumar Rao on the other hand submits that the opposite party no.2 is not agreeable to mediation.

4. It is further pointed out by the learned AGA that the applicant has not pointed out any jurisdictional error so as to seek any interference as whatevermight be the stand of the applicant, they are the matter of defence, which cannot be gone into the present proceeding, particularly when the trial is yet to commence, as the entire arguement centers around the factual aspects. Learned A.G.A, further relied on the judgment of the Hon'ble Apex Court in the case ofM/S Neeharika, Infrastructure Pvt. Ltd. vs. State Of Maharashtra and othersreported inAIR 2021 SC 192, in which the Hon'ble Apex Court has clearly mandated that at a pre-trial stage, this Court in exercise of jurisdiction under Section 482 CrPC embark upon the factual enquiry with regard to the merits of the allegations, as they are subject matter of trial.

5. This Court declines to grant interference in the matter.

6. Needless to say that if the applicants prefer the application seeking bail, the court below shall consider and decide the same with most expedition, as per law existing on land without being obsessed or influenced by any of the observations made hereinabove.

7. Accordingly, this 482 application isconsigned to record.

Order Date :- 17.7.2023

Vipul