Court No. - 86
Case :- APPLICATION U/S 482 No. - 11205 of 2021 Applicant :- Smt. Ratana Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayank Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash entire criminal proceedings of Criminal Case No. 1155 of 2021, (State of U.P. Vs. Harshit Rastogia and others) arising out of Case Crime No. 624 of 2020, under Section 498A, 323, 506, IPC and 3/4 of D.P. Act, P.S.- Mugalpura, District- Moradabad as well as cognizance order dated 10.6.2021.
It is submitted by learned counsel for the applicants that it is a matrimonial dispute and the matter may be referred to mediation centre as there are fair chances of amicable settlement of dispute between the parties. It is further contented that entire family of the husband has been implicated in the present case.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
I have heard learned counsel for the applicants and learned AGA. and have gone through the materials available on record carefully and I do not find any substance in the arguments advanced by learned Counsel for the applicants. No interference is required by this Court.
Under the facts and circumstances of the case, the applicants are at liberty to move an application for mediation between the parties before the Trial Court within 15 days from today. The Trial Court after obtaining consent from opposite party no.2 shall consider and decide such application in accordance with law.
For a period of 60 days from today no coercive action shall be taken against applicant no. 1, (except husband).
It is made clear that in case mediation fails, the Trial Court shall proceed with the trial.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 25.10.2021 S.Verma