Court No. - 45
Case :- APPLICATION U/S 482 No. - 31325 of 2018 Applicant :- Mohammad Harun And 5 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ramji Singh Patel Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 02.08.2017 as well as the entire proceedings of Case No. 49 of 2018 (State Vs. Mohd. Harun and others), arising out of Case Crime No. 22 of 2017, under Sections- 498- A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Varanasi, pending in the court of Additional Chief Judicial Magistrate.
Learned counsel for the applicant submits that the husband as well as entire family members of the husband-appellant no. 1 have been falsely implicated in the present case by the opposite party no. 2 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of U.P.
So far as the husband-appellant no.1 is concerned following orders is being passed:-
It is directed that applicants shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre of which 50% shall be paid to the opposite party no. 2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties.
It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench in the fourth week of January, 2019.
So far as the applicant nos. 1,2,3,4,5 and 6 i.e., Mohammad Harun, Kitabu Rehman, Sharifunisha, Qumaruzzama, Nazruddin and Ruksana Bibi, are concerned the following order is being passed:-
Issue notice to the opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no. 2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicants two weeks thereafter is granted for filing rejoinder affidavit.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 27.10.2018 Rohit