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2014 DIGILAW 561 (ALL)

Ahamad Ansari v. State of U. P.

2014-02-17

MANOJ MISRA

body2014
JUDGMENT Manoj Misra,J.: - Heard learned counsel for the applicants and the learned A.G.A. for the State. 2. By the present application, the applicants have sought for quashing of the proceedings of Complaint Case No.1532 of 2012, pending in the Court of Judicial Magistrate-II, Ballia as also the summoning order dated 29.11.2013 passed by the said court, under Section 4 98-A I.P.C. and Section 3 /4 of D.P. Act, P.S. Haldi, District Ballia. 3. A perusal of the record reveals that according to the complaint case there was a demand of Hero Honda Motorcycle and in that connection the complainant was harassed and on 15.02.2012 she was thrown out of her matrimonial home in connection with the demand. The allegations are supported by statements of witnesses and the accused, therefore, the prayer of the applicants, who are the husband, father-in-law and mother-in-law of the opposite party no.2, to quash the proceedings cannot be accepted. 4. However, considering the facts and circumstances of the case, it is hereby provided that if the applicants appear before the court concerned and apply for bail, within a period of four weeks from today, their bail application shall be considered in accordance with law laid down in the case of Amrawati and another Vs. State of U.P.: 2004(57) ALR 290, decided by a Full Bench of this Court, which has been approved by the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.: 2009(3) ADJ 322 (SC). 5. It is made clear that the coercive processes, if any, issued against the applicants have not been stayed. 6. It would also be open to the applicants, after obtaining bail, to apply to the court concerned for referring the matter for mediation to explore the possibility of a settlement between the parties. If any such application is made, the court will consider the same in accordance with law. 7. It would also be open to the applicants to apply afresh for quashing of the proceedings if the parties, ultimately, arrive at any settlement.