Rahul Kumar and 3 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 28965 of 2023 Applicant :- Rahul Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.,Mool Chandra Maurya Hon'ble Sanjay Kumar Singh,J.

¶1Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1, learned counsel for the opposite party no.2 and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 01.06.2023 as well as proceedings of Complaint Case No. 9249 of 2022 (Poonam Shakya Vs. Rahul and others), under Sections 498A, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Jaithara, District-Etah, pending in the court of Additional Chief Judicial Magistrate, Court No.18, Etah.

¶3On 27.09.2023 matter was heard by this Court and considering the fact that it is a matrimonial dispute between the parties concerned, matter was referred to Mediation Centre of this Court.

¶4Today on the matter being taken up, it is informed by learned counsel for the parties that mediation between the parties concerned has failed. The report dated 28.11.2023 of Mediation Centre is also on record.

¶5Learned 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 summoning order 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 courts below to consider and decide the bail application of the applicants expeditiously.

¶6Learned A.G.A. for the State of U.P. as well as learned counsel for opposite party no.2 submit 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, they have no objection if the Court grants protection to them for a short period.

¶7In view of the above, the relief as sought by the applicants in the instant application is refused.

¶8However 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.

¶9For 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.

¶10With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 6.12.2023 Kashifa High Court of Judicature at Allahabad