Heard learned counsel for the applicants and learned A.G.A.
This application has been filed with a prayer to quash proceedings of Complaint Case No. 5393 of 2010 under section ¾ D.P.Act, pending in the court of learned A.C.J.M.Court No.12, Azamgarh.
It is contended by learned counsel for the applicants that the present complaint has been filed against the applicants only because the marriage of the daughter of O.P.No.2 could not be performed with applicant no.3, thereafrter the marriage of the girl has been performed with some other person. The present complaint has been filed for the purpose of harassment due to ulterior motive, therefore, the present complaint pending against the applicants may be quashed.
In reply to the above contention, it is submitted by the learned A.G.A. that such pleas may be taken by the applicants before the court concerned by way of moving application under section 245(2) Cr.P.C.
Considering the facts, circumstances of the case and submission made by the learned counsel for the applicants and the learned A.G.A. it is directed that in case the applicants move application under section 245(2) Cr.P.C, before the court concerned, through their counsel within 30 days from today, the same shall be heard and disposed of expeditiously in accordance with the provisions of law.
Till the disposal of that application, no coercive steps shall be taken against the applicants.
With the above direction, this application is finally disposed of.
Order Date :- 24.3.2011 Su