Court No. - 78
Case :- APPLICATION U/S 482 No. - 12104 of 2010 Applicant :- Babita Gupta And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.K. Tripathi Counsel for Opposite Party :- Govt. Advocate,Narendra Kumar Singh
Hon'ble Anil Kumar-IX,J.
List has been revised.
Sri S.K. Tripathi, learned counsel for the applicants and learned AGA for the State are present. However, no one is present for opposite party No.2.
This application u/S 482 Cr.P.C. has been moved by the applicants with prayer to quash the Complaint Case No.591 of 2009 (Jageshwar Dayal Gupta Vs. Babita Gupta) pending in the Court of Chief Judicial Magistrate, Chhibramau, District- Kannauj.
Learned counsel for the applicants contended that they have been falsely implicated in this case. No offence is made out against them. Present prosecution has been instituted against them with malafide intention to harass them only in retaliation and counterblast of the prior action taken by the side of the applicant,. Learned counsel relied on the principles laid down by the Apex Court in State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426.
Prior to this complaint of the opposite party No.2, an NCR was registered on 10.06.2006 against wife and daughter of opposite party No.2 on complaint of the applicants' side, which is annexed as Annexure No.1 to this application. Besides the aforesaid NCR another criminal Case Crime No.1017 of 2009 u/s 352, 504, 506 IPC, Police Station- Chhibramau, District- Kannauj was also instituted against opposite party No.2, his wife and daughter on application of applicant No.1. In counterblast of the above actions of the informants this complaint has been filed by the opposite party No.2 on false ground and the witness examined u/s 202 Cr.P.C. are the family members of opposite party No.2.
In view of the above, application is liable to be allowed. Proceeding of Complaint Case No.591 of 2009 (Jageshwar Dayal Gupta Vs. Babita Gupta), under Sections 323, 452, 506 IPC pending in the court of Judicial Magistrate, Chhibramau, District- Kannauj is hereby quashed.
Accordingly, this application u/s 482 Cr.P.C. is allowed. Order Date :- 17.12.2019 Ashutosh Pandey