Rajesh Dayal Khare, J. - (1.) HEARD Sri Rajesh Kumar, learned counsel for the opposite party No. 2 and learned A.G.A. for the State -respondent. Vide earlier order of this Court dated 17.11.2008, the matter was referred to the Mediation Centre as per the request made by learned counsel for the applicant and the Bench Secretary/Incharge, Mediation Centre has reported in his report dated 8.4.2009 that the mediation has failed between the parties. The said mediation report is on record.
(2.) THE present 482 Cr.P.C. petition has been filed for quashing the summoning order dated 13.5.2008, passed by the Additional Chief Judicial Magistrate -I, Mathura, in Case No. 670/IX of 2007, under Sections 498A, 323, 406 IPC, police station Vrindavan, Mathura. It has been averred in the present petition that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
(3.) 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 applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court 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 applicants have got right of discharge under Sections 239, 245(2) or 227/228, Cr.P.C. as the case may 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.;