Court No. - 48
Case :- APPLICATION U/S 482 No. - 24449 of 2017 Applicant :- Deepak Kaushik & 2 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Rajesh Chandra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of order dated 01.05.2017 passed by the Additional Chief Judicial Magistrate, Khurja, District- Bulandshahar and order dated 20.07.2017 passed by the Additional District and Sessions judge (Khurja), Bulandshahar as well as the Complaint Case No.3498 of 2016 (Smt. Rekha Sharma vs. Deepak Kaushik and others), under Sections-12, 19, 20 and 22 of the Domestic Violence Act, Police Station-Khurja Nagar, District-Bulandshahar.
It seems that in order to explore the possibility of an amicable settlement between the parties, the matter was referred to undergo mediation proceedings. The report of Mediation Centre dated 27.01.2018 reveals that the aforesaid attempt could not succeed and did not bear any fruit for certain reasons. The Court, therefore, deems it fit to decide the matter on merits.
Heard Shri Shekhar Gangal, Advocate holding brief of learned counsel for the applicants, learned counsel for the opposite party No.2 and learned AGA. Perused the record.
Counsel for the applicants has not been able to point out any such illegality or incorrectness much less than any abuse of court's process on the basis of which the Court may feel persuaded to interfere in the impugned orders or proceedings. The impugned orders reflect judicial application of mind. The facts and circumstances of the case have been gone into by the court below and the same have been discussed and analyzed and there were good reasons for the court below to pass impugned order. This Court does not see any element of perversity in the impugned orders or proceedings. It appears that the statutory appeal filed against the impugned order has also been dismissed. The prayer for quashing the same is refused as I do not see any abuse of the Court's process either.
The application lacks merit and the same therefore stands dismissed.
Order Date :- 31.8.2018/M. Kumar