1. Heard Mr. Ruchi Mishra, learned counsel for applicants and learned A.G.A. for State.
2.Perused the record.
3.This application under Section 482 Cr.P.C. has been filed challenging charge-sheet No.13310 of 2020 dated 17.10.2020 submitted in Case Crime No.1196 of 2019, under Sections 498A and 323 I.P.C., Police Station- Kalyanpur, District-Kanpur Nagar, Cognizance Taking Order dated 21.12.2020 passed by Additional Chief Metropolitan Magistrate-II, Kanpur Nagar in Case No.32351 of 2020 (State Vs. Javed @ Naim and others), under Sections- 498A and 323 I.P.C., Police Station- Kalyanpur, District-Kanpur Nagar, as well as entire proceedings of above-mentioned case, now pending in the court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.
4. Learned counsel for the applicants contends that applicants are innocent. They have been falsely implicated in above mentioned case crime number. Allegations made in F.I.R. are false and concocted. Dispute between parties is basically a matrimonial dispute. Applicant-1 is husband of opposite party-2. However, relations between the two have become strained on account of marital discord. A matrimonial dispute has now been dragged into criminal litigation. Applicant-2, who is mother-in-law of opposite party-2 has been falsely implicated in above-mentioned case. Applicant-1, Javed @ Naim Ali is husband, applicant-2, Smt. Sadrun Nisha is mother-in-law, of first informant/opposite party-2, Smt. Meena. It is, thus, submitted that prosecution of applicants is not only malicious, but also an abuse of process of Court and therefore present criminal proceedings are liable to be quashed by this Court.
5. Per contra, learned A.G.A. has opposed this application. He contends that after registration of F.I.R. dated 12.12.2019 matter was investigated by Investigating Officer in terms of Chapter XII Cr.P.C. After completion of investigation, Investigating Officer submitted charge-sheet dated 17.10.2020 (Annexure-7 to the affidavit). Perusal of charge-sheet goes to show that 4 prosecution witnesses have been nominated in support of the charge-sheet. Witnesses examined during course of investigation under Section 161 Cr.P.C. have supported the F.I.R. As such, it cannot be said at this stage that prosecution case is false or there is no material to support the prosecution case. However, learned A.G.A. could not dispute the fact that dispute between parties is a matrimonial dispute.
6. Having heard learned counsel for applicants, learned A.G.A. for State and upon perusal of material brought on record, matter requires consideration.
7.Notice on behalf of opposite party-1 has been accepted by learned A.G.A.
8. Issue notice to opposite party-2.
9. All the opposite parties may file their respective counter affidavits on or before the date fixed in the notice.
10. List for admission on the date fixed in the notice, before appropriate Bench.
11. Considering facts and circumstances of the case and coupled with the fact that Mediation and Conciliation Centre, High Court, Allahabad is not working on account of Pandemic Covid-19, as an interim measure, it is provided that further proceedings of Case No.32351 of 2020 (State Vs. Javed @ Naim and others), under Sections- 498A and 323 I.P.C., Police Station- Kalyanpur, District-Kanpur arising out of Case Crime No.1196 of 2019, under Sections 498A and 323 I.P.C., Police Station- Kalyanpur, District-Kanpur Nagar,, now pending in the Court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar, shall remain stayed only against applicant- 2.
12.However, pendency of this application or protection granted to applicant- 2 shall not be taken as a ground by applicant-1 or court below to stay the proceedings of trial against applicant-1.
Order Date :- 18.8.2021 YK