High Court · 2025

2. This is an application under Section 482 Cr.P.C. filed for quashing the entire proceedings of Criminal Case No. 4016253 of 2018 (State vs. Manish Sharma and Ors) arising out of Case Crime No. 220 of 2018 under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act P.S. Mahila Thana District Ghaziabad as well as summoning order dated 16.11.2018 passed by learned Additional Chief Judicial Magistrate, Ghaziabad.

3. This Court on 29.05.2019 proceeded to pass the following order: "Heard learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State. This petition under Section 482, Cr.P.C. has been filed for quashing the summoning order dated 16.11.2018 in Criminal Case No.4016253 of 2018 (State Vs. Manish Sharma and others) arising out of Case Crime No.220 of 2018, under Sections 498-A, 323, 504 I.P.C. & Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad, pending in the Court of VIII Additional Chief Judicial Magistrate, Ghaziabad. It is contended by learned counsel for the applicants that the husband as well as entire family members of the husband-applicant no.1 have been falsely implicated in the present case by the opposite party no.2 on the general allegations, which is against the well settled principles of law as laid down by Hon'ble Apex Court reported in 2012 (10) SCC 741 in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh. So far as the husband-applicant no.1, namely, Manish Sharma is concerned following orders is being passed:- From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C.. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the proceedings is refused. However, it is provided that if the applicant no.1 appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. With the aforesaid directions, this application is finally disposed off so far as applicant no. 1 is concerned. So far as the applicant nos.2 and 3 are concerned the following orders is being passed:- Issue notice to the opposite party no.2 returnable within four weeks. Steps be taken within a week. Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicants two week thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period before appropriate Court. Till the next date of listing, no coercive action shall be taken against the applicant nos.2 and 3 in the aforesaid case. "

4. Supplementary affidavit is on record dated 18.02.2025, a copy whereof has been served upon the counsel for opposite party no.2, according to which in paragraph-2 annexure S.A.-I, a compromise deed deed 04.02.2025 has been annexed, according to which the applicant no.1 and the daughter of opposite party no.2 being the wife of applicant no.1 have entered into a compromise that they live separately in the proceeding U/s 13 B of Hindu Marriage Act.

5.Learned counsel for the applicant has invited attention of the Court in para-3 Annexure-S.A. II at page 10/11 that the opposite party no.2 has filed an application on 03.02.2025 before the court of Additional Chief Judicial Magistrate (J.D.)/ FTC, Ghaziabad in case no. 220 of 2018 (State vs. Manish Sharma and Ors) under Section 498A, 323, 504, IPC & 3/4 D.P. Act for dropping the said proceedings while not pressing him since the agreement has been entered into between the parties. Learned counsel for the applicants submits that direction be issued for verification and in the meantime protection be accorded.

6. Learned AGA, has no objection to the same.

7. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 18.04.2025 along with the self attested copy of the present application, the supplementary affidavit and certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 2.07.2025.

8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants no. 2 & 3 in the proceedings of Criminal Case No. 4016253 of 2018 (State vs. Manish Sharma and Ors) arising out of Case Crime No. 220 of 2018 under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act P.S. Mahila Thana District Ghaziabad as well as summoning order dated 16.11.2018 passed by learned Additional Chief Judicial Magistrate, Ghaziabad. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 5.4.2025 C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA CHANDRAMANI VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. This is an application under Section 482 Cr.P.C. filed for quashing the entire proceedings of Criminal Case No. 4016253 of 2018 (State vs. Manish Sharma and Ors) arising out of Case Crime No. 220 of 2018 under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act P.S. Mahila Thana District Ghaziabad as well as summoning order dated 16.11.2018 passed by learned Additional Chief Judicial Magistrate, Ghaziabad.

3. This Court on 29.05.2019 proceeded to pass the following order: "Heard learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A.-I for the State. This petition under Section 482, Cr.P.C. has been filed for quashing the summoning order dated 16.11.2018 in Criminal Case No.4016253 of 2018 (State Vs. Manish Sharma and others) arising out of Case Crime No.220 of 2018, under Sections 498-A, 323, 504 I.P.C. & Section 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad, pending in the Court of VIII Additional Chief Judicial Magistrate, Ghaziabad. It is contended by learned counsel for the applicants that the husband as well as entire family members of the husband-applicant no.1 have been falsely implicated in the present case by the opposite party no.2 on the general allegations, which is against the well settled principles of law as laid down by Hon'ble Apex Court reported in 2012 (10) SCC 741 in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh. So far as the husband-applicant no.1, namely, Manish Sharma is concerned following orders is being passed:- From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C.. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the proceedings is refused. However, it is provided that if the applicant no.1 appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. With the aforesaid directions, this application is finally disposed off so far as applicant no. 1 is concerned. So far as the applicant nos.2 and 3 are concerned the following orders is being passed:- Issue notice to the opposite party no.2 returnable within four weeks. Steps be taken within a week. Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicants two week thereafter is granted for filing rejoinder affidavit. List after expiry of the aforesaid period before appropriate Court. Till the next date of listing, no coercive action shall be taken against the applicant nos.2 and 3 in the aforesaid case. "

4. Supplementary affidavit is on record dated 18.02.2025, a copy whereof has been served upon the counsel for opposite party no.2, according to which in paragraph-2 annexure S.A.-I, a compromise deed deed 04.02.2025 has been annexed, according to which the applicant no.1 and the daughter of opposite party no.2 being the wife of applicant no.1 have entered into a compromise that they live separately in the proceeding U/s 13 B of Hindu Marriage Act.

5.Learned counsel for the applicant has invited attention of the Court in para-3 Annexure-S.A. II at page 10/11 that the opposite party no.2 has filed an application on 03.02.2025 before the court of Additional Chief Judicial Magistrate (J.D.)/ FTC, Ghaziabad in case no. 220 of 2018 (State vs. Manish Sharma and Ors) under Section 498A, 323, 504, IPC & 3/4 D.P. Act for dropping the said proceedings while not pressing him since the agreement has been entered into between the parties. Learned counsel for the applicants submits that direction be issued for verification and in the meantime protection be accorded.

6. Learned AGA, has no objection to the same.

7. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 18.04.2025 along with the self attested copy of the present application, the supplementary affidavit and certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 2.07.2025.

8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants no. 2 & 3 in the proceedings of Criminal Case No. 4016253 of 2018 (State vs. Manish Sharma and Ors) arising out of Case Crime No. 220 of 2018 under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act P.S. Mahila Thana District Ghaziabad as well as summoning order dated 16.11.2018 passed by learned Additional Chief Judicial Magistrate, Ghaziabad. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 5.4.2025 C. MANI (Vikas Budhwar,J.) CHANDRAMANI VERMA CHANDRAMANI VERMA High Court of Judicature at Allahabad High Court of Judicature at Allahabad