C482/1432/2023
2023 Latest Caselaw 2358 UK

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                                 C482 No.1432 of 2023
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Deepak Sharma, learned counsel for the applicants.

Mr. V.K. Gemini, learned Deputy Advocate General for the State.

Mr. Rajveer Singh, learned counsel for the private respondent.

Except for applicant no.1 and 5, applicant nos.2, 3 and 4 are not present.

The complainant / respondent no.2 is present in person. There happens to be a matrimonial dispute between the parties, which emanated from a complaint registered by respondent no.2 under Section 156(3) of the Cr.P.C., which ultimately resulted into a registration of Complaint Case No.542 of 2020, "Smt. Mohsina Vs. Farman and Others" for the offences under Section 323, 354, 504, 506, 498A of the IPC and Section 3/4 of the Dowry Prohibition Act.

The parties were called upon to participate in the proceedings for mediation, but during the course of mediation, it has been revealed that applicant no.1, has already solemnized a second marriage and, out of the second marriage, he has got a child, coupled with the fact, that the complainant / respondent no.2 has submitted, that there has been no relationship between them for the last over four years and he has not even taken care of the child born out of the matrimony with respondent no.2.

As such, it does not seem that there could be any possibility of settlement between the parties.

In that eventuality, particularly, looking to the nature of offences, since they carry a sentence less than seven years, the C482 Application would stand dismissed, directing the applicants to surrender before the Court of learned Judicial Magistrate, Roorkee, District Haridwar and resort to the remedies, as available under the judgment of the Hon'ble Apex Court in the matter of Satender Kumar Antil Vs. Central Bureau of Investigation, as reported in 2022 (10) SCC 51, as prescribed under paragraph no.3(e) of the said judgment for dealing of 'A' category of the offences.

Subject to the aforesaid, the C482 Application would hereby stand closed.

(Sharad Kumar Sharma, J.) 21.08.2023 Sukhbant