Court No. - 64
Case :- APPLICATION U/S 482 No. - 20636 of 2019 Applicant :- Rajeev Prakash Gupta And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought for quashment of the summoning order dated 30.11.2017 passed by the Additional Chief Judicial Magistrate / Civil Judge (Senior Division), F.T.C., Mirzapur and further proceeding in Complaint Case No.494 of 2017, Amar Nath Gupta vs. Rejeev Prakash Gupta and others, under Sections 323, 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Katra, District Mirzapur, pending in the court of the Additional Chief Judicial Magistrate / Civil Judge, (Senior Division), F.T.C., Mirzapur.
Contention raised on behalf of the applicants is confined to the ambit that the applicants had already preferred Application U/S 482 No.22516 of 2018 before this Court whereby mediation was directed by this Court on 05.07.2018 to take place before the lower court. However, the aforesaid order was conditional that in case mediation fails, the applicants may again approach this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously, it cannot be denied that no injury was caused on the person of the daughter of opposite party no.2 as per the allegations made in the complaint. The factum of injury being caused to the injured is very much indicative by injury report regarding which no observation is made at this juncture.
Further, upon perusal of the impugned summoning order, it cannot be said that the same is perverse or erroneous, for the reason that the same entails all the details required to be taken into consideration at the time of summoning the applicants. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order is refused.
However, the applicants may settle their difference amicably with the daughter of opposite party no.2, if they so desire.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 30.5.2019 rkg