Court No. - 85
Case :- APPLICATION U/S 482 No. - 23954 of 2021 Applicant :- Smt. Shweta Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Swamy Tripathi,Swetashwa Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 7430 of 2021 (State Vs. Shweta Singh & another) relating to Case Crime No. 699 of 2020, under section 323, 504, 506, 384, 511 IPC, P.S. Lanka, District Varanasi pending in the court of Judicial Magistrate-Ist, Varanasi as well as charge-sheet dated 5.12.2020 and order of cognizance dated 18.3.2021.
Learned counsel for the applicants contended that the FIR in question has been purposely and deliberately lodged by the informant/O.P. No. 2 to wreck vengeance and harass the applicants in retaliation to the criminal proceedings taken by the wife Smt. Shweta Singh/applicant no. 1 against the son of the informant/O.P. No. 2 namely Vinay Pratap Singh, Smt. Asha Singh (mother-in-law) and Shri Lal Bahadur Singh (father-in- law). Learned counsel further contended that in the wake of the ongoing litigation and matrimonial dispute between the parties, resulting into lodging of various criminal cases inter-se, it can not be believed by any stretch of imagination that the applicant no. 2 would threaten and raise a demand of Rs. 20 lac or could carry jewelry and household items from the house of the informant/O.P. No. 2, while going all the way from Ranchi, Jharkhand to Varanasi. The present case is a classic example of malicious prosecution which has been lodged as an act of arm twisting and harassment so as to settle to scores with the applications. It is further contended that in fact applicant no. 1 was staying at Brussels, Belgium with her husband/son of informant who was working in TCS and where he developed illicit relationship with his colleague. When objection was raised by application no. 1 her husband started to torture her. The applicant no. 1 lodged a complaint to the Belgium police on 29.8.2019 and also to the H.R. Department of TCS. Thereafter, all of them came back to India. It is further contended that the applicant no. 1 has also lodged an FIR against the informant-Smt. Asha Singh (mother-in-law), her husband Vinay Pratap Singh and Lal Bahadur Singh (father-in-
law) on 23.9.2019 as FIR No. 0122/2019, under section 498A, 341, 323, 504, 506 IPC and 3/4 D.P. Act at P.S. Gonda, Ranchi, Jharkhand. Learned counsel further contended that in retalilation and as a counter blast to the aforesaid proceedings taken by the applicant no. 1 the husband through his mother/informant came out with the present false and frivolous and vexatious criminal proceedings which are nothing but an abuse of the process of law as well as an abuse of the process of the Court. Learned counsel also contended that incident dated 11.9.2019 has been alleged in the FIR while previously an FIR Crime No. 1065 of 2019 was lodged on 13.9.2019 by the husband of the applicant no. 1. If any incident of such type has taken place then in the earlier FIR it should also have been mentioned. It clearly shows that this FIR has been lodged with concocted story and bogus allegations. Learned counsel also contended that the earlier FIR was challenged in Application U/s 482 Cr.P.C. No. 18561 of 2020 and the matter has been referred to the mediation centre, Allahabad High Court vide order dated 10.12.2020 which is Annexure-18 which is still pending. Learned counsel submitted that as the matter relates to the aforesaid case this matter be also connected with the earlier one and referred to the mediation centre.
Learned A.G.A. opposed the prayer of the application U/s 482 Cr.P.C. but not disputed the fact that parties have been referred to mediation centre to this Court on the application U/s 482 Cr.P.C.
Considering the submissions made by the learned counsel for the applicants it will be just and proper to connect this matter with the Application U/s 482 Cr.P.C. No. 18561 of 2020 and refer it for the mediation in terms of the order dated 10.12.2020. This case is connected with Criminal Misc. Application U/s 482 Cr.P.C. No. 18561 of 2020 and referred to the mediation in terms of the order dated 10.12.2020, if the mediation proceeding is still pending.
List this matter in the week commencing 7.2.2022 before appropriate bench along with the report of Mediation and Conciliation Centre, Allahabad. Till the next date of listing further proceedings of Criminal Case No. 7430 of 2021 (State Vs. Shweta Singh and another) relating to Case Crime No. 699 of 2020, under section 323, 504, 506, 384, 511 IPC, P.S. Lanka, District Varanasi shall remain stayed.
Order Date :- 20.12.2021 Masarrat