Court No. - 70 Case :- APPLICATION U/S 482 No. - 3854 of 2019 Applicant :- Arati Dubey And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Om Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants against the order dated 10.07.2018 passed by the Additional Civil Judge (Junior Division) IInd, Varanasi in Complaint Case No.1368 of 2017 (Nidhi Dubey vs. Ved Prakash Dubey and others) whereby the objection dated 15.11.2017 of the applicants has been rejected by the court below and order dated 10.12.2018 passed by the Additional Session Judge/Special Judge (Prevention of Corruption Act), Special Court No.3, Varanasi in Criminal Appeal No.131 of 2018 (Nagesh Dubey and others vs. State of U.P. and another) whereby appeal preferred by the applicants has been dismissed by the lower appellate court.
It is submitted by the learned counsel for the the applicants that the applicants are mother-in-law, father-in-law and brother-in- law of the opposite party no.2 Nidhi Dubey (wife of Ved Prakash Dubey) and has no concerned with the matrimonial dispute between the opposite party no.2 and her husband. It is next submitted that on account of acrimonious relation between opposite party no.2 and applicants, opposite party no.2 has raised false and frivolous allegation of cruelty and harassment against the applicants, therefore, the proceedings of Case No.1368 of 2017 is liable to be quashed by this Court.
Per contra, learned Additional Government Advocate has submitted that the father of the opposite party no.2 has also lodged FIR as Case Crime No.0049 of 2016 under sections 323, 504, 506 & 313 I.P.C. & u/s ¾ Dowry Prohibition Act against the applicants and husband of opposite party no.2 at Police Station Mahila Thana District Varanasi in which chargesheet has been submitted, which has been challenged by the applicants alongwith husband of the opposite party no.2 in Crl.Misc.Application u/s 482 No.1226 of 2018 in which this Court vide order dated 25.1.2018 referred the matter to the mediation but the same has failed.
After having heard learned counsel for the parties and after perusing the record, I find that specific allegation of cruelty and harassment has been levelled by the opposite party no.2 in paragraph nos. 4, 5 and 7 of the application dated 24.03.2017. I find that there is no infirmity and manifest error of law in the impugned orders dated 10.07.2018 as well as 10.12.2018 passed by the courts below. Both the impugned orders are based on sound reasoning, hence, the same is not required to be interfered.
The application lacks merit and is accordingly dismissed.
Order Date :- 29.1.2019 SKD