Court No. - 68
Case :- APPLICATION U/S 482 No. - 21677 of 2019 Applicant :- Salim Ahmad Khan and 3 Ors Opposite Party :- State of U.P. And Another Counsel for Applicant :- Sukrampal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 5.2.2014 passed by Additional Chief Judicial Magistrate-IV, Saharanpur in Complaint Case No. 688 of 2013 (New No. 2876 of 2018) (Jainul Abdin Vs. Imtiyaz & others) under Sections 452, 323, 427, 504, 506 IPC, Police Station Mandi Saharanpur, District Saharanpur.
Learned counsel for the applicants contended that the applicant No. 4 (Huma Salim) was married with opposite party No. 2 (Junail Aabidin). Their marriage was dissolved. Several cases have been lodged from both sides. In mediation center, parties have agreed to settle their dispute through compromise. Applicants have compounded/withdrawn all the cases filed by them. However, opposite party No. 2 (Junail Aabidin) has refused to withdraw the cases. Applicants were not aware about the proceedings of the Trial Court. Accordingly, non bailable warrant has been issued against the applicants.
Opposite party No. 2 (Junail Aabidin) was agreed to compound the case, is not a ground to quash the proceedings in question.
Learned A.G.A., contended that there is no illegality in the impugned order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 30.5.2019 Jaswant