Court No. - 86
Case :- APPLICATION U/S 482 No. - 4578 of 2021 Applicant :- Sumit And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Pal Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash entire criminal proceeding of Criminal Case No. 4692 of 2020, (State Vs. Sumit and other) as well as Charge-sheet dated 4.8.2020 and cognizance order dated 7.12.2020, arising out of Case Crime No. 178 of 2020, under Section 498A, 323 IPC and 3/4 of D.P. Act, P.S.- Dhampur, District- Bijnor. Further prayer to stay the further proceedings of aforesaid case has also been made.
It is submitted by learned counsel for the applicants that it is a matrimonial dispute and the matter may be referred to mediation centre as there are fair chances of amicable settlement of dispute between the parties.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C.
In view of law laid down by Hon'ble Supreme Court in Sanapareddy Maheedhar Seshagiri Versus State of Andhra Pradesh, (2007) 13 SCC 165, the High Court should not stall proceeding of the case in exercise of powers under Section 482 Cr.P.C. The relevant portion of the aforesaid judgement is quoted below:-
"High Court should be extremely cautious and slow to interfere with the investigation and/or trial of criminal cases and should not stall the investigation and/or prosecution except when it is convinced beyond any manner of doubt that the FIR does not disclose commission of any offence or that the allegations contained in the FIR do not constitute any cognizable offence or that the prosecution is barred by law or the High Court is convinced that it is necessary to interfere to prevent abuse of the process of the court."
Under the facts and circumstances of the case, the applicants are directed to move an application for mediation between the parties before the Court concerned within 15 days from the date of this order. The application shall be considered and decided in accordance with law by the Trial Court as expeditiously as possible, after obtaining consent of opposite party no.2. In case mediation fails, Trial Court is directed to proceed with case as per law.
Needless to state that this Court has not expressed any opinion on the merits of the case and the competent Court below is to act in accordance with law.
With the aforesaid observation, this application is disposed of finally.
Order Date :- 16.8.2021 S.Verma