Heard learned counsel for the applicants and Sri Manuraj Singh, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Complaint Case No. 1355 of 2017 (Mahjabi Vs. Raziuddin and others), under Sections 504, 498-A IPC and Section 3/4 D.P.Act, Police Station Itwa, District Siddharth Nagar pending in the court of Addl. Chief Judicial Magistrate, Siddharth Nagar as well as summoning order dated 03.12.2019.
So far as the husband-applicant no. 1, namely, Raziuddin is concerned learned counsel submitted that he is not pressing the principal prayers made in this application. He contended that the applicant no.1 is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon the applicant no.1.
It is also contended that the applicant no.2 is the father-in-law and applicant no.3 is the mother-in-law and applicant no.4 is Sister-in-law (Nanad) of the opposite party no.2. He further contends that the husband as well as entire family members of the husband-applicant 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 Uttar Pradesh.
Considering the submissions made by learned counsel for the applicants, the prayer, so far as it relates to seeking quashing of the proceedings as well as summoning order in respect of applicant no.1 is concerned, the same stands refused.
However, it is directed that if 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 expeditiously in view of the settled law laid by Hon'ble Supreme Court.
For a period of 30 days from today, no coercive action shall be taken against the applicant no.1. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of so far as applicant no. 1 is concerned.
So far as the applicant nos. 2 and 3 are concerned the following order is being passed:-
Issue notice to the opposite party no. 2 by registered post AD fixing 15.02.2021.
Steps be taken within a week.
Opposite parties may file counter affidavit on the date so fixed.
List this case in the additional cause list on 15.02.2021.
Till the next date of listing, no coercive action shall be taken against the applicant nos. 2, 3 & 4 in the aforesaid case.
Order Date :- 8.1.2021 S.P.