Allahabad High Court
Om Praksh And 2 Others vs State Of U.P. And Another on 31 July, 2023
Bench: Anish Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:152828
Court No. - 92
Case :- APPLICATION U/S 482 No. - 20284 of 2023
Applicant :- Om Praksh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rajeev Malviya
Counsel for Opposite Party :- G.A.,Tej Om Prakash Gupta
Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Rajeev Malviya, learned cousnel for the applicants.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the Cognizance / summoning order dated 27.01.2023 and the entire Criminal proceedings of Case No. 2573 of 2019 (Om Prakash and others vs. State of U.P. and another), arising out of Case Crime No. 246 of 2019, under Sections 420, 504, 323, 120-B I.P.C., P.S. Firozabad South, District Firozabad, pending in the Court of Chief Judicial Magistrate, Firozabad.
3. Learned counsel for the applicants submits that earlier also a similar application under Section 482 Cr.P.C. No. 27171 of 2022 was filed by the applicants herein and the same was disposed of vide order dated 15.09.2022 directing the learned Trial Court to refer the matter for mediation on the application moved by the applicants.
4. Learned counsel for the applicants submits that in terms of the said order, application for mediation was filed and the matter was referred for mediation. However, the mediation between the parties has failed. The said order dated 15.09.2022 further directed that in case the mediation process between the parties fails, the Court below shall be free to proceed with the matter against the applicants and in case the mediation succeeds the applicants shall be free to approach this Court.
5. Since the mediation between the parties has failed as submitted by learned counsel for the applicants, therefore, in the considered view of this Court, the applicants do not have any liberty to approach this Court by way of second application under Section 482 Cr.P.C.
6. Learned counsel for the applicants submits that a Co-ordinate Bench of this Court has held that in view of the changed circumstances, the second application under Section 482 Cr.P.C. shall be maintainable.
7. In view of the aforesaid submission, the matter was passed over for a while to give a chance to learned counsel for the applicant to bring the said judgment passed by the Co-ordinate Bench of this Court. However, despite the opportunity granted to learned counsel for the applicants, he could not bring any judgment as claimed by him.
8. For the aforesaid proposition, learned AGA for the State submits that since it is the second application under Section 482 Cr.P.C. by the applicants, there was no liberty granted vide order dated 15.09.2022 to the applicants to approach this Court afresh for quashing of the same proceedings.
9. In view of the aforesaid submissions made by learned counsel for the parties and considering that the instant application under Section 482 Cr.P.C. is the second application for quashing of the same proceedings, hence the instant application under Section 482 Cr.P.C. is not maintainable and is hereby dismissed.
Order Date :- 31.7.2023
Ashish Pd.
