Court No. - 20
Case :- APPLICATION U/S 482 No. - 8286 of 2008 Applicant :- Kuldeep Dubey & Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- D.K. Singh,A.K. Rai Counsel for Opposite Party :- Govt. Advocate,Abhishek Gupta
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicants, Sri Abhishek Gupta, learned counsel for the o.p no. 2, learned Additional Government Advocate for the State and perused the record of the case.
This application under section 482 Cr.P.C. has been filed for quashing the proceedings in criminal case no. 4636 of 2006 under Section 498-A, 323 I.P.C. and 3/4 of the Dowry Prohibition Act P.S.-Sector- 24 Gautam Budh Nagar District- Gautam Budh Nagar pending in the court of Ist ACJM, Gautam Budh Nagar.
The matter was referred to the Mediation Centre. It has been reported by the Medication Centre that the parties are not willing for mediation.
From the perusal, it cannot be said that no offence is made out against the applicants. Most of the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice.
Accordingly, prayer of the applicants is refused.
However, in view of the submissions made by the learned counsel for the applicants, it is provided that if the applicants move an application for discharge through counsel within two weeks from today, the same shall be disposed of by the trial court by speaking order in accordance with law within two weeks thereafter. For the period of four weeks from today or till the disposal of the application, whichever is earlier, no coercive action shall be taken against them.
With the aforesaid direction, this application is disposed of.
Order Date :- 23.3.2018 A. Pt. Singh