Yogesh Sharma and 3 Ors v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 24134 of 2018 Applicant :- Yogesh Sharma And 3 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari,Raj Bihari Tripathi,Ravi Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 25.03.2018 as well as proceedings of State Case No. 5521 of 2018 (State Vs. Yogesh Sharma and others) arising out of Case Crime No. 41 of 2017, under Sections 498-A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Etah, pending in the court of Judicial Magistrate, District-Etah. 3-Vide order of coordinate Bench of this Court dated

24.07.2018, the matter was referred to mediation but as per report of Mediation Centre dated

09.01.2019, mediation between the parties concerned has failed and after 24.07.2018, the interim protection was also not extended. 4-It is submitted by learned counsel for the applicants that during the pendency of this application, non bailable warrant has been issued against the applicants on 22.07.2022. 5-Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned charge-sheet as well as impugned criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application of the applicants expeditiously. 6-Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. 7-In view of the above, the relief as sought by the applicants in the instant application is refused. 8-However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 9-For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case. 10-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 6.11.2023 Kashifa High Court of Judicature at Allahabad