SUNITA GUPTA Vs. STATE

JUDGEMENT

(1.) This application under section 482/483 Cr.P.C. has been filed by the applicants to quash the proceeding of S.S.T No. 335 of 2011 under section 392, 307,323,506 IPC of P.S.- Gursahaiganj, District Kannauj arising out of complaint case no. 3924 of 2009 under sections 147,148,149, 323,307,395,506 IPC pending in the court of Addl. Sessions Judge II, Kannauj as well as summoning order dated 24.3.2011 passed by learned CJM, Kannauj summoning the applicants under section 323,392,307,506 IPC.

(2.) Learned counsel for the applicants contended that present criminal proceeding has been launched to harass the applicants with ulterior motive.

(3.) Learned Counsel for the applicants submitted that the entire proceedings are illegal inasmuch as the allegations levelled against the accused do not constitute any cognizable offence, and, in fact the proceedings are motivated and sheer harassment of the accused. He further contended that in any case the applicants are ready to enter into settlement and, therefore, the matter may be referred to Mediation Centre and in the meantime the proceedings pending before Magistrate concerned be kept in abeyance. For the said purpose, he placed reliance on a single judge judgment of this Court in Haneef and others v. State of U.P. in Criminal Misc. Application No. 9421 of 2009 decided on 6th May, 2009 and the Apex Court decision in B.S. Joshi and others v. State of Haryana, 2003 AIR(SC) 1386.