Court No. - 64
Case :- APPLICATION U/S 482 No. - 17039 of 2019 Applicant :- Salman And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
By way of the instant application, the applicants have sought to quash the summoning order dated 07.12.2018 passed by C.J.M., Jalaun at Orai in Complaint Case No.1953 of 2018, under Sections 498A, 323, 504, 506 IPC and 4 D.P. Act, Police Station- Kotwali Orai, District Jalaun, pending in the court of C.J.M. Jalaun at Orai.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the proceeding initiated against applicants is in sheer misuse of the process of the Court. The documents placed on record carry substantive allegations which have been backed up by sufficient material for drawing the proceeding against the applicants. Therefore, the prayer of quashment of the proceeding is refused.
However, considering the particular submission that the complaint has been filed against the applicants on account of some misunderstanding and some irritation to opposite party no.2, therefore, some time may be given for amicable settlement of the dispute in question before the mediation centre at district level.
Submission so made can be made before the court below by way of moving appropriate application within a period of three weeks' from today and court below may thereafter facilitate mediation between the parties, if permissible in law.
List this case on 28th May, 2019.
Till then, no coercive action shall be taken against the applicants.
Order Date :- 29.4.2019 Raj