Court No. - 48
Case :- APPLICATION U/S 482 No. - 6147 of 2018 Applicant :- Dhirendra And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Guru Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings in Complaint Case No.75 of 2016 (Smt. Barkha vs. Dhirendra and others), u/s 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station-Chakeri, District-Kanpur Nagar, pending before the court of Metropolitan Magistrate, Court No.2, Kanpur Nagar and the order dated 04.03.2016 passed in aforesaid complaint case.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
It is apparent from the contentions raised by the counsel for the applicants and also from the perusal of the grounds taken in the application that most of them are related to disputed questions of fact. All the pleas in defence which have been raised, both factual and legal, can be adequately gone into by the court below itself. The court below, which is seized with the matter, can more appropriately look into the same and adjudicate more appropriately upon them. There is no justification to pre-empt the regular proceedings by invoking the inherent jurisdiction of this court under section 482 of Cr.P.C. In any view of the matter, from the perusal of the record and the impugned proceedings or order, it is found that there is no such glaring abuse of court's process which may justify to make interference in the same.
The application being sans merit stands dismissed.
Order Date :- 23.2.2018 M. Kumar