Court No. - 52
Case :- APPLICATION U/S 482 No. - 9695 of 2018 Applicant :- Devendra Kalia And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kumar Ashutosh Srivastava Counsel for Opposite Party :- G.A.,Manoj Kumar Dixit,Praveen Kumar Tripathi
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the parties and the learned A.G.A. for the State and perused the record.
The applicants have challenged the proceedings of Case No. 61524 of 2017 (State Vs. Devendra Kalia and Others), arising out of Case Crime No. 224 of 2017, under Sections 498-A, 323 IPC and 3/4 of D.P. Act in the instant application.
A proposal was made by the learned counsel for the applicants that since there are very bright chances of conciliation between the parties as the matter pertains to matrimonial dispute, the case may be referred to Mediation Centre of this court so that the litigants may have a chance to settle the dispute on their own terms through mediation. In this behalf, the applicants were directed to deposit Rs.20,000/- within three weeks in the Mediation Centre by an order dated 27.03.2018 and only then the Mediation Centre was directed to issue notice to both the parties returnable within four weeks.
As the applicants were not appearing before the court below, non-bailable warrants were also issued. Therefore, a prayer was made that no coercive action could be taken till the mediation proceedings takes place. In this behalf, the court had directed that no coercive action shall be taken in the said case provided that the applicants file the receipt of depositing the amount as directed above along with the order of this court. The learned counsel for the applicants has filed certified copy of the order-sheet of the trial court which reflects that the applicants without depositing the amount as directed, submitted the order of this court before the learned Magistrate who in view of the aforesaid order did not proceed with the process under Section 82/83 Cr.P.C. against the applicants as reflected in the order-sheet dated 28.05.2018.
I may record that the applicants have obtained the order from the court showing their bona fide of depositing the amount before the Mediation Centre within three weeks. However, instead of depositing the same they filed the order of the court and somehow managed to get the proceedings against them lingering on. Thereafter, a time extension application has been filed almost five months of the order. Apparently, the time extension application has now been filed after gross violation of the earlier order and therefore I do not find any good ground for extending the time.
The Criminal Misc. (Extension of Time) Application No.3 of 2018. is, accordingly, rejected.
Therefore, I propose to decide the matter on merits.
Learned counsel for the applicants has argued that they have not committed the offence, prima facie, there is no evidence to make out the case under Section 498-A, 323 I.P.C. and 3/4 of D.P. Act. He has also laid stress on several factual aspects based on which he has challenged the correctness to the prosecution version.
However, I may record that considering the averments made in the first information report and the statement of the victim, prima facie, offence under Sections 498-A, 323 I.P.C. and Section 3/4 of D.P. Act is made out against the applicants. There is no merit in the instant application.
Therefore, the application under Section 482 Cr.P.C. is, accordingly, dismissed.
The trial court would be at liberty to initiate all coercive action against the applicants to secure their attendance.
Copy of the order may be sent to the concerned court for immediate and necessary action.
Order Date :- 27.9.2018 Vikas