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Nakul Sharma And 4 Others vs State Of U.P. And Another on 7 February, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 82

Case :- APPLICATION U/S 482 No. – 4878 of 2020

Applicant :- Nakul Sharma And 4 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Garun Pal Singh

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No. 237 of 2014 (Smt. Soni Sharma Vs. Nakul Sharma and others) under section 406 IPC, P.S. Qwarsi, District Aligarh pending in the court of learned A.C.J.M., Court No. 2, Aligarh and all the consequential proceedings thereon.

It is contended by the learned counsel for the applicants that O.P. No. 2 is wife of applicant no. 1. She is residing separate from the applicant no. 1. Due to matrimonial dispute the O.P. No. 2 has filed this false and frivolous complaint against applicants. No offence is made out against the applicants. The present prosecution has been instituted only for the purpose of harassment.

On the other hand; learned A.G.A. argued that the applicants have been summoned to face trial on the basis of statements of complainant and witnesses recorded under section 200 and 202 Cr.P.C. Prior to this application the applicants have filed an Application U/s 482 Cr.P.C. No. 5946 of 2019 in which the matter was referred to the mediation centre. As per statement of counsel for the applicants money was not deposited in compliance of order dated 18.4.2019 passed in that application. It has further been argued that the learned Magistrate after considering the entire evidence available on record and finding a prima facie case has summoned the applicants to face trial. There is no ground to quash the proceeding of the aforementioned case.

A perusal of the record shows that the applicants have been summoned on the basis of statements of complainant and witnesses recorded under section 200 and 202 Cr.P.C. The learned Magistrate dealing with the complaint at this stage has to see only prima facie case and it can not be said that no prima facie case is made out against the applicants. The disputed defence of the accused can not be considered at this stage.

Considering the facts and circumstances of the case, I do not find any ground to quash the entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 7.2.2020

Masarrat

 

 

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