Court No. - 83
Case :- APPLICATION U/S 482 No. - 11036 of 2021 Applicant :- Akeel And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for applicants and learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging summoning order dated 11.01.2021 passed by Civil Judge (J.D.)/Judicial Magistrate, Koal, Aligarh in Complaint Case No.508 of 2019, under Sections-498A, 323, 504, 506 I.P.C. and Sections- 3/4 of D.P. Act, Police Station- Mahila Thana, District- Aligarh, as well as entire proceeding of above mentioned complaint case now pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Koal, Aligarh.
Learned counsel for the applicants contends that applicants are innocent. They have been falsely implicated in above mentioned case. Applicant-1, Akeel is husband, applicant-2, Jafreen is mother-in-law, applicant-3, Shareef is father-in-law, applicant-4, Shakeel is Jeth and applicant-5 Reshma is the Jethani. It is then contended that dispute between applicant-1 and opposite party-2 is a matrimonial dispute which has arisen on account of marital discord between applicant-1 and opposite party-2. A matrimonial dispute has now been dragged into criminal litigation. Entire family of applicant-1 has been falsely implicated in above-mentioned criminal case. It is, thus, submitted that prosecution of applicants is not only malicious, but also an abuse of process of Court and therefore present criminal proceedings are liable to be quashed by this Court.
Per contra, learned A.G.A. has opposed this application. He contends that it cannot be said at this stage that prosecution case is false or there is no material to support the prosecution case. Court below upon evaluation of allegation made in the complaint in the light of statement of complainant as recorded under Section 200 Cr.P.C. and that of witness under Section 202 Cr.P.C. has recorded its, prima facie satisfaction. As such there is no illegality with summoning order. However, learned A.G.A. could not dispute the fact that dispute between parties is a matrimonial dispute.
Having heard learned counsel for applicants, learned A.G.A. for State and upon perusal of material brought on record, matter requires consideration.
Notice on behalf of opposite party-1 has been accepted by learned A.G.A.
Issue notice to opposite party-2.
All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.
List for admission on the date fixed in the notice, before appropriate Bench.
Considering facts and circumstances of the case and coupled with the fact that Mediation and Conciliation Centre, High Court, Allahabad is not working on account of Pandemic Covid-19, as an interim measure, it is provided that further proceedings of Complaint Case No.508 of 2019, under Sections-498A, 323, 504, 506 I.P.C. and Sections- 3/4 of D.P. Act, Police Station- Mahila Thana, District- Aligarh now pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Koal, Aligarh, shall remain stayed only against applicants- 2, 3, 4 and 5.
However, pendency of this application or protection granted to applicants- 2, 3, 4 and 5 shall not be taken as a ground by applicant-1 before court below to stay the proceedings of trial against applicant-1.
Order Date :- 27.7.2021 piyush