Court No. - 72
Case :- APPLICATION U/S 482 No. - 36068 of 2017 Applicant :- Smt. Kavita @ Jasree And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Ajay Dubey, learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 82 of 2017 (Nahar Singh Vs. Smt. Kavita & Ors.), under Sections- 406, 504, 506 I.P.C., Police Station- Sadar, District- Agra, pending in the court of A.C.J.M.-V, Court No.5, Agra.
3. Learned counsel for the applicants submits that the applicant no.1 is the wife of opposite party no.2 and that in view of earlier FIR lodged by the applicant no.1 against the said opposite party no.2 and his family members alleging commission of offence under Sections 498A, 323, 504, 147 IPC as also in view of another proceedings under Section 125 Cr.P.C. having been instituted by the said applicant against opposite party no.2, the opposite party no.2 felt antagonised and lodged a false, frivolous and bogus complaint against the applicants giving rise to the present application.
4. Perusal of the statement and complaint, it appears, the applicant no.1 being the married wife of opposite party no.2 has been accused of having committed theft of jewellery etc. from her marital home. The said complaint allegations are supported by statements recorded under Section 200 & 202 Cr.P.C. of the said opposite party no.2 and one Heera Devi who is stated to be a neighbour.
5. Having perused the orders and complaint, it appears that the allegation made against the applicants are wholly grossly improbable. The motive of the occasion for such allegations to have arisen is clear and allegations being wholly general and vague arisen out of matrimonial discord between the parties, continuance of the prosecution against the present applicants may not continue, in view of the principle of law laid down by the Supreme Court in Preeti Gupta & Anr. Vs. State of Jharkhand & Anr., (2010) 7 SCC 667 and Geeta Mehrotra & Anr. Vs. State of U.P. & Anr., (2012) 10 SCC 741.
6. Accordingly, the present application is allowed. The proceedings in Complaint Case No. 82 of 2017 against the applicants- Smt. Kavita @ Jasree, Sher Singh & Naresh are quashed.
Order Date :- 26.4.2019 Abhilash