Court No. - 1
Case :- APPLICATION U/S 482 No. - 24953 of 2018 Applicant :- Abhijeet Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anil Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Rajeev Kumar Saini, learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the chargesheet No.49 of 2018 dated 20.01.2018 in Case Crime No.549 of 2017 u/ss. 498A, 323, 504, 506 IPC and u/s. 3/4 D.P. Act, PS. Barra, District Kanpur Nagar as well as cognizance order dated 02.05.2018 taken by A.C.M.M., 2nd, Kanpur Nagar and the entire proceedings of the aforementioned case pending before Special C.J.M., Kanpur Nagar.
The marriage between applicant no.1 and opposite party no.2 was solemnized in the year 2016.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no.1 is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no.1 is hereby refused.
So far as applicant nos.2 to 4 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others reported in 2012 (10) ADJ 464.
Notice on behalf of opposite party no.1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case against applicant nos.2 to 4 shall remain stayed.
It is made clear that proceedings of the present case shall go on against the husband of opposite party no. 2, if there is no legal impediment.
Order Date :- 25.7.2018 Madhurima