Court No. - 32
Case :- APPLICATION U/S 482 No. - 6326 of 2018 Applicant :- Sunil And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shamshuddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
This application under section 482 Cr.P.C. has been filed with the prayer to quash the Charge sheet no.231 of 2014 dated 20.12.2014 as well as entire criminal proceedings of Sessions Trial No.56 of 2015 arising out of Case Crime No.2215 of 2014 under sections 498A, 324, 307 I.P.C. and Section 3/4 Dowry Prohibition Act, PS. Sumerpur, District Hamirpur.
Learned counsel for the applicant submitted that it is matrimonial dispute. The First Information Report were lodged from both side. Earlier when the First Information Report was lodged for quashing of the First Information Report which was disposed off on 31.10.2014 with the direction for disposal of the bail application expeditiously in view of the Apex Court judgement as well as the High Court judgement passed in the Case ofAmarawati and another Vs. State of U.P., reported in 2004(57) ALR-390. Again the First Information Report was lodged from side of the applicant. The respondent no.2 filed application under section 482 Cr.P.C. No.12732/17 in which interim order was granted that no coercive action shall be taken. In the present case charge sheet has been submitted and as such the same be listed alongwith that application.
Learned AGA opposed the aforesaid prayer. Considered the submissions of counsel for the parties.
In view of the fact it cannot be said that prima facie no offence is made out. It is a matrimonial dispute. Application may be moved before the Mediation Centre if no effort has been made for settlement. The applicants are already on bail and as such at this stage it is not a fit case for interference. If the matter is referred to be mediation centre for settlement in between the parties, no fruitful purpose would be served to continue criminal proceeding and the same shall stand dropped in view of the judgement of the Apex Court judgement passed in the case of B.S.Joshi vs. State of Haryana 2003 (4)SCC Page 675 and the order passed by this Court Accordingly, present application under section 482 Cr.P.C. is hereby disposed off.
Order Date :- 28.2.2018 Rk