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Allahabad High Court · body

2017 DIGILAW 648 (ALL)

Md. Sharib Khan v. State of U. P.

2017-02-28

OM PRAKASH VII

body2017
JUDGMENT Om Prakash-VII,J. The present application under Section 4 82 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceedings of case no. 353 of 2015 (State Vs. Shafique Khan & Others) under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act arising out of charge-sheet dated 14.9.2014 filed in case crime no.36 of 2014, Police Station Karimuddinpur, District Ghazipur pending in the court of Addl. Judicial Magistrate-II, Mohammadabad, Ghazpur. Further prayer has been made to stay the further proceedings of the aforesaid case. 2. Heard learned counsel for the applicants and the learned A.G.A. appearing for the State. 3. It is submitted by the learned counsel for the applicants that initially a criminal misc. writ petition was filed for quashing of the F.I.R., which was disposed of. Later on, charge-sheet was filed in the matter. One habeas corpus writ petition was also filed, which was also dismissed. Victim girl has married to another person. The allegations levelled in the F.I.R. are false. There is major contradiction in the averments made in the F.I.R. and in the statement made during investigation. It is further submitted that charge-sheet has been filed on the basis of insufficient evidence. It was next contended that except applicant no.1, who is the husband of the victim, other applicants' case is squarely covered with the law laid down by the Hon'ble Supreme Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464. It was lastly submitted that an opportunity may be given to the parties to settle the dispute through mediation and the matter may be referred to the District Mediation and Conciliation Centre. 4. Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and keeping in view the willingness shown by the applicants to settle the dispute through mediation, the present application is disposed of with the direction that if the applicants move an application for referring the matter to the concerned District Mediation and Conciliation Centre within 15 days from today, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the court concerned shall pass appropriate order in the matter in accordance with law. 5. Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicants in the aforementioned case. Subject to the aforesaid directions, this Application u/s 482 Cr.P.C. is finally disposed of.