Heard learned counsel for the applicants/petitioners, learned A.G.A. for the State and perused the record.
In the instant application under Section 482 Cr.P.C., the prayer for setting aside/quashing of the entire proceedings of complaint case no.3959 of 2017 (Babita Dubey Vs. Anil Ojha & others) as well as Summoning Order dated 14.09.2018, under Section 498-A, 323, 504 of Indian Penal Code, Police Station-Hazratgunj, District-Lucknow pending before learned Additional Chief Judicial Magistrate, Court No.31, Lucknow, has been made. A prayer to stay the further proceeding of the aforesaid case has also been made.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made relate to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.
No case for quashing of the charge sheet is made out and, as such, the prayer is rejected.
At this stage, learned counsel for the applicants has submitted that applicants wants to surrender before the court below, therefore, a direction to subordinate court be given for expeditious disposal of bail application of the applicants.
In view of the aforesaid, it is directed that if applicants move bail application before court below within two weeks from today, the court concerned is directed to decide the same expeditiously, in accordance with rule/law.
Learned counsel for the for opposite party no.2 has submitted that vide order dated 12.04.2019, it was directed by the Court to applicants to deposit Rs.15,000/- for appearance of opposite party no.2 before Mediation and Concilliation Centre and to pay Rs.75,00/- on first day of appearance. Opposite party no.2 has appeared regularly before Mediation and Concilliation Centre. As a matter of chance finally the parties could not compromise their dispute, therefore, Mediation and Concilliation Centre be directed to pay rest amount of Rs.75,00/- to opposite party no.2.
Learned counsel for the applicants has no objection.
Let in furtherance of order dated 12.04.2019, Rs.75,00/- be paid to opposite party no.2 in accordance with rule.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 11.2.2021 SK Goswami