Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA.
In pursuance of order dated 12.10.09, opposite party no. 2 Smt. Richa Chhabra and applicant no. 1 Sri Nalin Chhabra are present in this Court. On quarry made by the Court, Smt. Richa Chhabra stated that she does not want to withdraw the proceedings because some efforts have been made for reconciliation. There is no male member in her family. She has a minor child. It is very difficult to her come here in this Court. This application has been filed by the applicants with a prayer to quash the proceedings of criminal case no. 9459 of 2009, arising out of case crime no. 397 of 2009 under sections 498-A, 323, 504, 506 IPC and ¾ D.P. Act, P.S. Hari Parvat, District Agra pending in the court of Chief Judicial Magistrate, Agra From the perusal of the record, it appears that on the basis of material collected by I.O., Prima facie aforesaid offence is made out. There is no illegality in the submission of the charge sheet and there is no illegality in the prosecution of the applicants. Therefore, the prayer to quash the proceeding of the above mentioned case is refused.
Interim order dated 12.10.2009 is hereby vacated. However, considering the facts, it is directed that in case applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously on the same day in view of decision relied upon by learned counsel for the applicants in the case of Smt. Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 The same has been approved by the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Versus State of U.P. on 23.3.2009 in Criminal Appeal No. 538 of 2009.
With this direction, this application is finally disposed of. Order Date :- 27.1.2010 SR