Court No. - 44
Case :- APPLICATION U/S 482 No. - 8058 of 2019 Applicant :- Vishesh Bahal And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Tripathi (Now Ashok Tripathi) Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the entire proceeding in Complaint Case No.3190 of 2017, Jagjeet Singh Vs. Vishesh Bahal and others, pending in the court of the Additional Chief Judicial Magistrate-I, Gorakhapur.
While describing various facets of the case, it has been claimed on behalf of the applicants that in this case, bailable warrant has been issued against the applicant. Compromise has arrived at between the parties in respect of the case relating to the provisions of the Protection of Women from Domestic Violence Act, 2005. The entire proceeding is in sheer abuse of process of the Court.
Learned AGA has opposed the prayer for quashment of the proceeding and submitted that it is not the stage when bonafide of the incident is to be adjudicated upon by this Court at this stage as it is work of the trial court alone.
Considered the above submissions and the contents disclosed in the complaint. No good ground is made out for quashment of the proceedings. Accordingly, the prayer for quashment of the proceedings is refused.
However, taking into consideration the facts and circumstances of the case, it is directed that in case the applicants appear before the court concerned within 30 days from today and move application for recalling bailable warrant, the same shall be considered and disposed of by the court concerned and the proceeding of the aforesaid case will be culminated to its logical end by passing the order in accordance with law by the court concerned.
For a period of thirty days from today, no coercive action shall be taken against the applicants.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicants.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.2.2019 rkg