Prashant and 4 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 32576 of 2023 Applicant :- Prashant And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for State.

¶2Present 482 application has been filed seeking quashing of summoning order dated 18.04.2023 as well as entire complaint case No. 15496 of 2022 (Vinod Kumar vs. Prashant and others), under sections 452, 323, 504, 506 IPC, P.S.- Nahtaur, District-Bijnor, pending in the Court of Additional Judicial Magistrate, Court No. 1, Bijnor.

¶3Learned counsel for applicants submitted that present criminal proceeding is arising out of matrimonial dispute. He next submitted that for the same incident, earlier daughter of opposite party No. 2 has also filed F.I.R. against the applicants, which was registered as Case Crime No. 204 of 2022, under sections 498-A, 354, 323, 506 IPC and section 3/4 D.P. Act, in which they have been enlarged on bail. Therefore, present proceeding for the same incident is bad and liable to be set aside.

¶4Learned A.G.A. submitted that applicants are having remedy to file application under Section 210 Cr.P.C. to try the case together.

¶5Under such facts and circumstances of the case, application 482 is disposed of with liberty to the applicants to file application under section 210 Cr.P.C. before the trial Court within two weeks from today. In case any such application is filed within the time given, trial Court is directed to decide the same expeditiously, maximum within four weeks from the date of receiving of application under section 210 Cr.P.C. along with certified copy of this order.

¶6Till the disposal of application 210 Cr.P.C., criminal proceeding in present case shall remain stayed. In case application under section 210 Cr.P.C. is not filed within the time given, it is open for the trial Court to proceed with the matter in accordance with law. Order Date :- 3.11.2023 Sartaj High Court of Judicature at Allahabad