Court No. - 1
Case :- APPLICATION U/S 482 No. - 25010 of 2018 Applicant :- Aniraj@Anilraj And 4 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Vijay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri V.K Dwivedi, learned counsel for the applicants and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet no.169 dated 27.11.2017 in case crime no.328 u/s 323, 498-A, 504, 506 IPC and 3/4 D.P. Act, P.S. Palimukimpur, district Aligarh.
Learned counsel for the applicants submits that the marriage of the two daughters of opposite party no.2 with applicant nos.1 and 2 was solemnized in the year 2016. The applicant nos. 3, 4 and 5 are the married nanad, father-in-law and mother-in-law of the daughters of opposite party no.2.
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 so far as applicant nos.1 and 2 (husbands) are concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant nos.1 and 2 is hereby refused.
So far as applicant nos.3, 4 and 5 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant nos.1 and 2 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.
Connect with 482 Cr.P.C Application No.21350 of 2018 which was filed by opposite party no.2.
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 shall remain stayed against applicant nos.3 to 5.
It is made clear that proceedings against husbands of daughters of opposite party no.2 shall go on in accordance with law, if there is no legal impediment.
Order Date :- 25.7.2018 Gaurav