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Dasharath Yadav And 3 Others vs State Of U.P.And Another on 13 December, 2019


?Court No. – 77

Case :- APPLICATION U/S 482 No. – 45683 of 2019

Applicant :- Dasharath Yadav And 3 Others

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Krishna Chandra

Counsel for Opposite Party :- G.A.

Hon’ble Ram Krishna Gautam,J.

Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

This application under Section 482 Cr.P.C. has been filed by applicants Dasharath Yadav, Kaushalya Yadav, Chandmani and Champa against State of U.P. and with prayer to quash summoning order dated 14.2.2019 as well as entire proceedings of Complaint Case No. 53 of 2018, Arvind Kumar Yadav Vs. Dasharath Yadav and others, under Sections 323, Section504, Section506 I.P.C., P.S. Katra, district Mirzapur, pending in court of A.C.J.M./ F.T.C., Mirzapur.

Learned counsel for the applicants argued that it is a counter blast case filed under misuse of process of law because Renu, daughter of applicants 1 and 2, had previously registered Case Crime No. 917 of 2014 against Arvind Kumar Yadav, husband, his parents and other family members, wherein charge sheet has been filed and it was for offences punishable u/s 498A, 323, 504 SectionI.P.C. and 3/4 D.P. Act. This court in proceeding u/s 482 No. 32588 of 2015 had directed for mediation, but it failed. Ultimately this counter blast case was filed. Hence in order to secure ends of justice this application has been filed with above prayer.

Learned A.G.A. has vehemently opposed the application.

From the very perusal of previously instituted Case Crime No. 917 of 2014, u/s 498A, 323, 504 SectionI.P.C. and 3/4 D.P. Act, it is apparent that it was filed by wife of Arvind Kumar Yadav regarding matrimonial disputes and therein proceeding u/s 482 SectionCr.P.C. was filed, which was dismissed because of not taking of steps in depositing the amount in compliance of order dated 4.11.2015 i.e. entirely different aspect. Present summoning for offences punishable u/s 323, 504, 506 SectionI.P.C., which occurred when the complainant was going towards Mirzapur Roadways, he was beaten by his in-laws for which this complaint was filed. The Magistrate took cognizance over it, wherein he examined Arvind Kumar Yadav u/s 200 SectionCr.P.C. and his witness Vindeshwari u/s 202 SectionCr.P.C. Thereupon impugned summoning for offences punishable u/s 323, 504, 506 SectionI.P.C. was passed. The occurrence was said to be of 21.12.2017 at 12.30 P.M., while complainant was near Angadh Tiraha while his in-laws abused and assaulted him. This was owing to matrimonial strained relations. This fact has been said in the statements recorded u/s 200 and 202 Cr.p.C. There was sufficient ground for summoning for offences punishable u/s 323, 504, 506 I.P. There is no misuse of process of law. This Court, in exercise of jurisdiction u/s 482 SectionCr.P.C., cannot embark upon factual aspect because it is a matter to be seen during trial by the trial court. Accordingly, the application merits dismissal.

Dismissed as such.

Order Date :- 13.12.2019




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