Court No. - 49
Case :- APPLICATION U/S 482 No. - 32129 of 2018
Applicant :- Shiv Kumar
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Shri Ashok Kumar Tiwari has filed his appearance slip on behalf of the opposite party no. 2 today, which is taken on record.
2. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
3. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 14.03.2018 as well as the entire proceedings of Case No. 12832 of 2018, arising out of Case Crime No. 1035 of 2017, under Sections- 498A I.P.C., and Section 3/4 D.P. Act, Police Station- Hariparvat, District- Agra.
4. Learned counsel for the applicant submits that the real dispute between the parties is purely matrimonial discord which had been earlier settled by the compromise reached between the parties on 28.05.2017 where they had cohabited together for some time, then the differences again emerged wherein opposite party no. 2 had again parted company and thereafter lodged false allegation against the applicant. At this stage, the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
5. Shri Ashok Kumar Tiwari, learned counsel for the opposite party no. 2 submits that he has instructions to stated that in fact the further allegations emerged on account of the conduct of the applicant.
6. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant 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 in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
7. However it shall remain open to the applicant to raise such plea as advanced in his submission at the stage of bail. Once the applicant shall remain enlarged on bail, it shall remain open to him to file an application for discharge, if any, shall be decided on its own merit.
8. With the aforesaid directions, this application is finally disposed of.
Order Date :- 18.9.2018 Prakhar