Court No. - 52
Case :- APPLICATION U/S 482 No. - 5610 of 2002 Applicant :- Chandra Bali & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ashwini Kumar Awasthi,Manish Tiwary Counsel for Opposite Party :- Govt. Advocate
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and the learned A.G.A.
This petition seeks quashing of proceedings relating to charge sheet filed in Case Crime No. 80 of 2001, Case No. 2839 of 2001 under Sections 498A, 323, 504, 506 I.P.C., Police Station Saray Mamraj, District Allahabad pending in the Court of Judicial Magistrate IVth, Allahabad.
The sole submission in support of the challenge to the complaint and the cognizance taken rests upon an alleged Panchayatnama, in terms of which learned counsel submits that all disputes had been settled. Learned counsel was unable to establish before this Court that such a Panchayatnama could be recognized as an instrument which may be viewed as having effected a valid annulment of marriage and settlement of all disputes. The allegations as levelled in the complaint taken at their face value do prima facie establish the commission of offences alleged.
The application lacks merit and is consequently dismissed. All interim orders shall stand discharged.
This order however, shall not preclude the applicants from applying for bail and it is observed that in case the applicants apply for bail, the concerned court shall consider and dispose of the same bearing in mind the decisions rendered by this Court as well as the Supreme Court on the subject.
Order Date :- 26.7.2018 Arun K. Singh (Yashwant Varma, J.)