Learned counsel for the applicants is permitted to make correction in the memo of petition.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to quash the complaint case no.551 of 2013 under sections 504, 506, 406 I.P.C. PS. Civil Lines, District Badaun and further prayer is to stay the proceeding of aforesaid case.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicant submitted that there was matrimonial dispute, hence the applicant no.1, daughter in law of complainant opposite party no.2 left matrimonial house. Subsequently on the false and concocted story the impugned complaint was lodged just to put undue pressure and harass the applicants, hence the same is liable to be quashed.
Learned AGA opposed aforesaid prayer.
Considered the submissions of counsel for the parties. Since it requires appreciation of evidence, hence at this initial stage no interference is required.
However, if discharge application is filed through counsel on behalf of the applicants within thirty days, it is expected that the court concerned will consider and decide the same expeditiously on merit by a speaking and reasoned order, at appropriate stage, in accordance with law.
Till disposal of the discharge application, no coercive action shall be taken against the applicants.
If discharge application is rejected and the applicants appear before the courts below within thirty days and apply for bail, it is expected that the same will be considered and disposed off expeditiously, if possible on the same day, in view of the principles laid down by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437. If due to any reason the bail application could not be disposed off same day, the applicants may be released on interim bail till disposal of the bail application.
With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.
Order Date :- 5.3.2014 Rk