Court No. - 71
Case :- APPLICATION U/S 482 No. - 47373 of 2019 Applicant :- Jitendra Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of Complaint Case No.169 of 2019 (Smt. Kusma Yadav Vs Jitendra Kumar & Others) pending in the court of Judicial Magistrate, Chhibramau, District-Kannauj as well as impugned order dated 17.07.2019, under Sections-498-A, 323, 504, 506, I.P.C. and 3/4 D.P. Act, Police Station-Vishungarh, District-Kannauj.
3. Learned counsel for the applicants submits that present prosecution arises out of matrimonial dispute between applicant no. 1 and opposite party no. 2. The present criminal prosecution had been lodged only to harass the applicants. Reference has been made to earlier litigation between the parties including a decree for restitution of conjugal rights obtained in favour of applicant no.1.
4. Having perused the complaint and the statements recorded under Sections 200 and 202 Cr.P.C., it appears that the allegations made against the applicant no. 1 do make out ingredients of the offence alleged. However, the allegations against the applicant nos. 2 & 3 do appear to be general and vague.
5. The prayer for quashing the entire proceeding of the aforesaid case against the applicant no.1 is refused.
6. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his 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 Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P.
reported in 2009 (3) ADJ 322 (SC). For a period of 30 days from today, no coercive measure shall be taken against the applicant no.1 in the aforesaid case.
7. With the aforesaid directions, this application is finally disposed of in respect of applicant no. 1.
8. Insofar as the applicant nos. 2 & 3 is concerned, the application is entertained.
9. Issue notice to opposite party no. 2 returnable at an early date.
10. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
11. List thereafter.
12. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant nos. 2 & 3.
Order Date :- 20.12.2019 S.Chaurasia