Court No. - 70
Case :- APPLICATION U/S 482 No. - 28443 of 2019 Applicant :- Vinesh Kumar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Zafeer Ahmad,Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate on behalf of the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application u/s 482 Cr.P.C. has been preferred by the applicants Vinesh Kumar, Om Prakash, Urmila @ Krishna, Km.Babita & Rahul with a prayer to quash the impugned Chargesheet No.62 of 2019 dated 30.04.019, cognizance order dated 04.06.2019 as well as entire proceeding of Case No.6254 of 2019 (State vs. Vinesh and others) arising out of Case Crime No.0006 of 2019, under sections 498A, 504, 506, 376 I.P.C. & ¾ Dowry Prohibition Act, Police Station Kanth, District Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No.4, Moradabad.
The learned counsel for the applicants inter-alia submitted that the applicants are willing to settle the dispute by way of mediation. The allegation of rape is only against the applicant no.5 (Rahul), who is brother-in-law of opposite party no.2.
Learned Additional Government Advocate has raised a preliminary objection that in view of guidelines laid down by the Apex Court in the case State of Madhya Pradesh vs. Laxmi Narayan and others AIR 2019 SC 1296, the offence under Section 376 I.P.C. cannot be permitted to make compromise, therefore, the matter cannot be referred to mediation.
On the said preliminary objection raised on behalf of the State, the learned counsel for the applicants after advancing some argument submitted that he does not want to press this application and this application may be dismissed as not pressed.
In view of statement made by learned counsel for the applicants at the Bar, the present application is dismissed as not pressed with liberty to seek other appropriate remedy available to the applicants.
Order Date :- 22.8.2019/SKD