Court No. - 43 Case :- APPLICATION U/S 482 No. - 12425 of 2010 Petitioner :- Soniya Devi @ Sona Respondent :- State Of U.P. And Another Petitioner Counsel :- Ashish Kr. Nagvanshi Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
It is a common ground between rival contesting side that Cr. Misc.
Application No. 12425 of 2010, Sonia Devi alias Sona Vs. State of U.P., Cr.
Misc. Application No. 11824 of 2007, Punmasi and others Vs. State and Cr.
Misc. Application No. 31866 of 2009 are the proceedings between close
relatives of husband and wife.
The first petition 12425 of 2010 relates to the proceeding of 125 Cr.P.C.
preferred by the wife and rest of the proceedings have been preferred by the
husband and in-laws.
Both the parties admitted the fact that both the parties had endeavoured to
settle their matters through a process of mediation and conciliation but no
settlement was arrived at and hence the mediation between the parties have
failed.
The record indicates commission of cognizable offence and therefore, the
proceedings under section 498-A, 504, 506, 323 IPC and 3/4 D.P. Act, case
no. 323 of 2007 pending before A.C.J.M. Chandauli cannot be quashed.
Further section 494 I.P.C. proceeding which is pending between the parties
also cannot be quashed as victim must get a chance to substantiate the levelled
allegations.
In view of the above, the aforesaid Cr. Misc. Application No. 11824 of 2007,
Purnmasi Vs. State of U.P. as well as Cr. Misc. Application No. 31866 of
2009 Purnmasi and others Vs. State of U.P. are dismissed. Interim orders in
both above mentioned applications stand dismissed.
Coming to the Cr. Misc. Application No. 12425 of 2010, preferred by the
wife under section 125 Cr.P.C., I direct the concerned Magistrate to decide it
positively within six months. The Magistrate concerned shall also consider the
feasibility of granting an interim maintenance if wife makes a prayer to that
effect. All the three Cr. Misc. Applications are decided as above.
If the husband and his parents and other relatives surrender, it is directed that
their bail prayer for the offences under section 498-A, 323, 504, 506 IPC and
3/4 D.P. Act to be considered same day by both the courts below.
Order Date :- 28.5.2010
Gss