Allahabad High Court
Smt. Neera Srivastava And 2 Others vs State Of U.P. And Another on 19 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 12972 of 2022 Applicant :- Smt. Neera Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A.,Devendra Kumar Misra Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the material brought on record.
The present 482 Cr.P.C. application has been filed to quash the summoning order dated 26.8.2021 and charge sheet dated 15.3.2021 as well as entire proceeding of case no.99017 of 2021 arising out of case crime no.1318 of 2018, under Sections 498A, 323, 504, 506 and 406 IPC and Section 3/4 of D.P. Act, P.S. Chakeri, District Kanpur Nagar.
It has been contended on behalf of the applicants that the summoning order dated 26.08.2021 is not based on any material on record, thus the same is not legally justified. The court below failed to take note of fact that mere bald averments cannot be counted against the applicants and cannot be construed as participation of the applicants in the very crime. The applicants have been falsely implicated in this case. He further submitted that there is no specific material roping in the applicant nos.1 and 2, who happen to be mother-in-law and father-in-law of opposite party no.2, who have been falsely implicated in this case just because they happen to be parents of applicant no.3- the husband.
The proceeding drawn against applicants are erroneous and are in sheer misuse of the process of the Court and the same cannot be allowed to go on. Therefore, the order impugned is liable to be interfered at this stage.
At this stage, a desire has been expressed by the learned counsel for the applicants that the matrimonial peace can be achieved, if the worthy compromise is effected between the parties.
Learned AGA has no objection.
Submission by the learned counsel for the applicants is sustained.
Let respondent no.2 Smt. Sapna Srivastava (wife) and applicant no.3 Swatantra Kumar Srivastava (husband) shall appear before this Court on 3rd August, 2022 for mediation and amicable settlement between the parties.
Since the mediation process has drawn before this Court, therefore, proceeding as above in summoning order dated 26.8.2021 and charge sheet dated 15.3.2021 as well as entire proceeding of case no.99017 of 2021 arising out of case crime no.1318 of 2018, under Sections 498A, 323, 504, 506 and 406 IPC and Section 3/4 of D.P. Act, P.S. Chakeri, District Kanpur Nagar shall kept in abeyance in regard to applicant no.1 Smt. Neera Srivastava (mother-in-law) and Sri Umesh Chandra Srivastava (father-in-law) are concerned, as they have no direct link with act of perpetrator of offence in question.
So far as applicant no.3 Swatantra Kumar Srivastava is concerned, he is the husband of respondent no.2, he would have to face the trial because he cannot escape the liability of the allegations.
In view of above, it is provided that in case applicant no.3 Swatantra Kumar Srivastava appears before the court concerned within 15 days from today and moves bail application, the same shall be considered and disposed of in terms of the guidelines/observations given by Hon'ble The Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and another reported in (2021)10 SCC 773.
Put up this case on 3rd August, 2022 as an unlisted case.
Order Date :- 19.7.2022 Raj