Court No. - 51
Case :- APPLICATION U/S 482 No. - 3674 of 2017 Applicant :- Sonu Sharma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Shyam Babu Vaish, learned counsel for the applicants and Sri Rajesh Mishra, learned AGA appearing for the State and perused the record.
The present 482 Cr.P.C. application has been filed by the applicants with the prayer to allow the application and quash the entire criminal proceeding, initiated in pursuance of the Case No. 34751 of 2016 (State Vs. Sonu Sharma and others), under Sections 498A, 323, 506, IPC and Section 3/4 D.P. Act, Police Station Naubasta, District Kanpur Nagar, arising out of Case Crime No.588 of 2014, chargesheet dated 18.05.2015, pending in the Court of Additional Chief Metropolitan Magistrate, Ist Kanpur Nagar.
When the case has been taken up as fresh matter on 07.02.2017, the following orders was passed:-
“Heard learned counsel for the applicants and learned A.G.A. for the State.
It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre of this Court. It is further contended that there are chances of reconciliation between the parties, therefore the matter may be referred to the Mediation Centre of this Court.
Having considered the arguments advanced across the bar, I have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.
It is directed that applicants shall deposit a sum of Rs.30,000/- within two weeks from today with the Mediation Centre of which 90% shall be paid to the opposite party no.2 for appearance before the Mediation Centre.
The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties.
It is directed that Mediation Centre shall decide the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench on 5.5.2017.
Till the next date of listing, further proceedings against the applicants in Criminal Case No.34751 of 2016 (State Vs. Sonu Sharma and others), under Sections 498A, 323, 506 I.P.C., and 3/4 Dowry Prohibition Act, Police Station Naubasta, District Kanpur Nagar arising out of case crime no.588/2014 as well as the charge sheet dated 18.5.2015, shall be kept in abeyance.
After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.”
However, it appears that amount which was required to be deposited before the mediation center, was not deposited by the applicants.
Today when the case has been taken up the Court has been informed that wife Neha Sharma, is present before the Court alongwith the applicant no.1, Sonu Sharma, who is the husband of Neha Sharma. The Court has also been informed that the husband and wife have settled their disputes and now both are residing happily as husband and wife. However, it appears that father of Neha Sharma namely Rajesh Sharma, who is the opposite party no.2 in the present application, has adopted a belligerent attitude and is not amenable to be reconciliation between the husband and wife.
Since the Court has been informed that the wife Neha Sharma is present before the Court and she has produced her original adhar card, as her identity. She has also produced a photocopy of the said adhar card, the same is taken on record. The said adhar card shows that it belongs to one Neha Sharma wife of Sonu Sharma. The said Sonu Sharma is also present before the Court. The Neha Sharma and Sonu Sharma, both identified each other and both of them have also identified by their counsel Sri Shyam Babu Baysh, on the basis of documents produced before him in his chamber.
Since the Neha Sharma, the wife has been identified though her counsel Sri Shyam Babu Baysh, hence by way of abundant caution, the Court proceed to examine the wife Neha Sharma, as to whether it is correct that she has arrived at a reconciliation with her husband Sonu Sharma and as to whether, as on date, she is living with her husband happily or not.
On being asked ki ^^vkidk uke D;k gS**] she informed the Court ki ^^esjk uke usgk 'kekZ gS**A On being asked ki ^^vkids firk th dk uke D;k gS**] she informed the Court ki ^^esjs firk th dk uke jkts'k 'kekZ gS**A On being asked ki ^^,Q0 vkbZ0 vkj0 rks vkids dgus ij gh vkkids firkth us fy[kkbZ gksxh**] she informed the Court ki ^^gkW ^;g ,Q0 vkbZ0 vkj0 esjs dgus ij gh esjs firkth us fy[kkbZ Fkh] esjs ifr lksuw 'kekZ o vU; ds f[kykkQ**A On being asked ki ^^vc vki D;k pkgrh gaaS**] she informed the Court ki ^^ge nksuksa ifr&iRuh ds chp le>kSrk gks x;k gS vkSj vc eq>s vius ifr lksuw 'kekZ ls dksbZ f'kdk;r ugh gS] blfy, vc eS bl dsl dks vkxs c<+kuk ugh pkgrh] blfy, ;g ,Q0 vkbZ0 vkj0 lekIr djus dh d`ik djsa**A On being asked ki ^^vki vHkh dgkaW jg jgha gaS**A she informed the Court ki ^^eS vHkh vius ifr ds lkFk viuh ethZ ls vius llqjky esa jg jgha gwaW] ogha ls vkbZ gwaW vkSj ogh tkmaWxh**A On being further asked ki ^^vkidks vc vius ifr ls dksbZ f'dk;r rks ugh gaaS**] she informed the Court ki ^^ugh vc eq>s vius ifr ls dksbZ f'kdk;r ugh gaSWW**A On being asked ki ^^D;k vkt dh MsV esa vki fizxusUV gaSS**] she informed the Court ki ^^gkW] vkt dh MsV esa esjh lkr ekg dh fizxusUlh gS**A Looking to the facts and circumstances of the case and the facts that the wife is personally present before the Court and she has pregnancy of seven months and she has also made a categorical statement before this Court that the impugned FIR may be quashed and the proceeding may be dropped, no purpose will be served in permitting the police authority to harass the family members of the husband and the husband himself, unnecessarily, as the husband and wife have already arrived at a reconciliation and at present living .
Accordingly, in view of the aforesaid, the present application is hereby allowed as prayed. The proceeding of Case No. 34751 of 2016 (State Vs. Sonu Sharma and others), under Sections 498A, 323, 506, IPC and Section 3/4 D.P. Act, Police Station Naubasta, District Kanpur Nagar, arising out of Case Crime No.588 of 2014, chargesheet dated 18.05.2015, pending in the Court of Additional Chief Metropolitan Magistrate, Ist Kanpur Nagar, is hereby quashed.
Order Date :- 27.9.2019/VKG