Court No. - 72
Case :- APPLICATION U/S 482 No. - 34888 of 2017 Applicant :- Deepak Gupta And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajai Kumar, learned counsel for the applicants, Sri Akhilesh Kumar, learned counsel for opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 12.9.2017 passed by the Judicial Magistrate, Fatehpur, in F.R. No.24/17 (Priya Gupta Vs. Deepak Gupta) under Sections 498A, 323, 504 I.P.C. & 3/4 D.P. Act, Police Station Chandpur, District Fatehpur.
3. Learned counsel for the applicants submits that arising from the matrimonial discord between the applicant no. 1 and opposite party no. 2, false and frivolous allegations have been made against the applicants.
4. Learned counsel for opposite party no.2 submits that there is enough Case Diary material to proceed against all the applicants.
5. Perusal of the FIR indicates that specific allegations have been made against the applicants. In the present proceedings, the matter was referred to Mediation Centre of this Court vide order dated 2.11.2017. However, no mediation could take place as the applicants fail to deposit the necessary amount.
6. In the entirety of the facts and circumstances of the case, the ingredients of offence is made out, therefore, the relief for quashing of the order dated 12.9.2017 is declined.
7. However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, 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 Supreme 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, no coercive measure shall be adopted against the applicants.
8. The application is disposed of.
Order Date :- 30.4.2019 Meenu