SHYAM SUNDER SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under Sec. 482, Code of Criminal Procedure. The facts revealed by the affidavit go to show that they have moved in a most unfortunate manner. Applicant No. 1, Shyam Sunder Sharma, is a practising Advocate while applicant No. 2 is his wife. Applicant Nos. 3, 4, 5 and 6 are their sons and they are well placed in life. Applicant No. 3, Prakash Kumar Sharma had the misfortune of being married to Smt. Suman Sharma Respondent No. 2. Sri S.N. Sharma, Respondent No. 3 is the father of Respondent No. 2.

(2.) The marriage between Prakash Kumar Sharma and Smt. Suman Sharma was solemnized on May 8, 1970. A male child was born from the union on September 5, 1971. The marriage, however, did not prosper and it is stated by the applicants that Prakash Kumar Sharma was obliged to institute Suit No. 31 of 1972 for restitution of conjugal rights against his wife. At that time Sri S.N. Sharma, father of Smt. Suman Sharma was posted as ADM (J), Varanasi. It is stated by the applicants that a case of Kallu Seth was pending in his court. Sri S.N. Sharma, persuaded Kallu Seth to institute criminal prosecution against the applicants in his court and a case was accordingly filed. Since this case is no longer alive nothing further need be said about it. On January 28, 1975 applicant No. 3 filed suit No. 6 of 1975 for divorce against his wife Smt. Suman Sharma. The suit was decreed with the consent of the parties. It may be stated that in the suit for restitution of conjugal rights referred to above conciliation proceedings were held but proved abortive. It is evident that from the very outset the marriage of Prakash Kumar Sharma with Smt. Suman Sharma was on the rocks and it was a case of broken bone. This fact was judicially recognized by the decree passed in Suit No. 6 of 1975.

(3.) This is only by way of introduction. On March 20, 1973, it is stated that Respondent No. 3 lodged a criminal complaint against the applicants for the offences punishable under Ss. 323/504/506/342/147/386/392/403 Indian Penal Code at police station Cantt. At the relevant time Respondent No. 3 was posted as ADM, Varanasi. The case was investigated by the police and a charge -sheet was submitted against the applicants on April 9, 1973. The criminal case started on the basis of the said charge -sheet which was numbered as 163 of 1973 and is now pending in the court of Munsif -Magistrate and has been renumbered as 691 A of 1975. The present application under Sec. 482, Code of Criminal Procedure was moved by the applicants on November 27, 1980. Upto that time about seven years had elapsed and no progress worth the name had been made towards the conclusion of of that case. A copy of the order sheet of the court concerned has been attached with the affidavit and it goes to show that hearings were adjourned for no rhyme and even the cross -examination of the complainant still remains to be concluded. This is a scandalous state of affairs which has to be condemned in no uncertain terms.