MUKESH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application u/s. 482 Cr.P.C. has been filed seeking the quashing of entire proceeding of criminal case no. 2015 of 2009, State Vs. Mukesh and others, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana Rakabganj, district Agra, pending in the court of Special C.J.M., Agra.

(2.) IT seems that in order to explore the possibility of an amicable settlement between the parties, the matter was referred to undergo mediation proceedings. The report of Mediation Centre dated 28.10.2010 reveals that the aforesaid attempt could not succeed and did not bear any fruit for certain reasons. The Court, therefore, deems it fit to decide the matter on merits.

(3.) ALL the contentions raised by the counsel for the applicants relate to disputed questions of fact. The court has also been called upon to adjudge the testimonial worth of prosecution evidence and evaluate the same on the basis of various intricacies of factual details which have been touched upon on behalf of applicants. The veracity and credibility of material furnished on behalf of the prosecution has been questioned and false implication has been pleaded. The submissions made by the learned counsel for the applicants call for adjudication on pure questions of fact which may be adequately adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. This Court does not deem it proper, and therefore cannot be persuaded to have a pre -trial before the actual trial begins.