Allahabad High Court
Yuvraj Singh And 3 Others vs State Of U.P. And 2 Others on 19 August, 2019
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 31712 of 2019 Applicant :- Yuvraj Singh And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishnaji Khare,Pavan Kishore Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned AGA and perused the material on record.
By means of this application, applicants have prayed for quashing of the order dated 25.5.2019 passed by Addl. District and Sessions Judge, Court No. 11,Bareilly in Criminal Revision No. 146 of 2019 (yuvraj Singh and others Vs State of UP and others) as well as the order dated 14.3.2019 passed by Addl. Chief Judicial Magistrate, Court No. 2 Bareilly and also the summoning order dated 5.5.2016 passed by ACJM, Court No. 6 Bareilly.
Initially application under Section 156(3) Cr.P.C. was moved by the opposite party no. 2 against the applicants, which was treated as complaint and the learned Magistrate after conducting due inquiry under Sections 200/202 Cr.P.C. summoned the applicants to face the trial for the offences under Section 406, 420 IPC vide order dated 5.5.2016. Aggrieved by the said order, applicants filed discharge application under Section 245(2) Cr.P.C. before the learned Magistrate in the aforementioned section, which was dismissed by the learned Magistrate vide order dated 14.3.2019. Aggrieved by the said order, applicants filed a revision petition, which was also dismissed by the learned Addl. District and Sessions Judge, Court No. 11, Bareilly vide its order dated 25.5.2019. It is these orders which are subject matter of challenge before this court.
It is contended by learned counsel for the applicants that present criminal proceeding has been launched against the applicants with malicious intention and just to harass them as no offence is made out against the applicants. It is further submitted by learned counsel for the applicants that both the courts below have not applied its judicial mind and thus have committed gross illegality in passing the impugned orders. He further submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.
From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioner. The points and aspects pressed before the Court on behalf of the accused were all relating to the disputed questions of fact and the court has rightly come to the conclusion that they can adequately be gone into only after having a proper trial.
At this stage, learned counsel for the applicants submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Center of this Court for the purpose of settlement between the parties.
Learned A.G.A. has no objection to this proposition.
Considering the submission made by learned counsel for the applicants it is directed that applicants shall deposit Rs. 20,000/- within three weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court. In case the aforesaid amount is deposited, notice shall be issued to O.P. Nos. 2 & 3 returnable within a period of four weeks. Out of the said deposited amount, Rs. 5,000/- shall be paid to O.P. No. 2 & 3 as expenses and this case shall be sent to Mediation Center for further proceeding, who shall submit its report within two months thereafter.
For a period of two months from today or till the submission of the report by the mediation centre, no coercive action shall be taken against the applicants in Complaint Case No. 274 of 2019, under Sections 420, 406 IPC.
In the eventuality of mediation being successful, parties would be at liberty to file suitable application seeking quashment of the proceedings and in case, the mediation fails, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C. It is further made clear that in case the mediation becomes successful the amount deposited/paid by the applicants shall be adjusted against the disputed amount.
In case, the amount as directed is not deposited by the applicants within the aforesaid period, the stay order shall automatically come to an end.
With the above observation, this petition is finally disposed off.
Order Date :- 19.8.2019 RavindraKSingh