Court No. - 17
Case :- APPLICATION U/S 482 No. - 38554 of 2018 Applicant :- Km. Neha Gupta Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dileep Singh Yadav, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with a prayer to quash the order dated 31.07.2018 passed by Judicial Magistrate, Kannauj in Criminal Case No. M/26/12/2018 (Neha Vs. Sonu and others) under Section 156(3) Cr.P.C. P.S. Gursahayganj, District Kannauj.
The contention of the learned counsel for the applicant is that the learned trial court has erroneously passed the impugned order rejecting her application under Section 156 (3) Cr.P.C., in- fact the occurrence, which has been narrated in the said application, is correct.
Learned A.G.A. opposed the prayer for quashing of impugned order.
From the perusal of the impugned order dated 31.07.2018, it appears that learned trial court has recorded in the impugned order that marriage between applicant and Sonu Sharma, O.P. No.2 was performed on 7.1.2014 between 11:30 a.m. and 01:00 p.m. in Arya Samaj Temple, Kanpur and application was also given in this regard to Circle-Officer, P.S. Sadar, Kannauj stating therein that on the basis of consent of Neha, applicant, the said marriage was performed on 07.01.2014. After one and half years of the aforesaid event, in the year 2016 at instigation of her family members, this false application has been moved.
The trial court, on the basis of report received from P.S., Gursahayganj has concluded that the applicant was taught tuition by the O.P. No.2 and during this period, they developed relationship and concealing this fact from their family members got married in Arya Samaj Temple in Kanpur Nagar and because of this, some dispute had arisen between two sides, therefore, the allegation made in said application were found to be false and the trial court has rightly rejected the application under Section 156(3) Cr.P.C.
In the said order, no infirmity is found by this Court, hence, the prayer for quashing the impugned order dated, 31.07.2018 is refused and this application under Section 482 Cr.P.C. is, accordingly, dismissed.
Moreover, in case the applicant has any grievance with the said order, she has opportunity to move complaint case before the court concerned and adduce the evidence in support of the same.
Order Date :- 27.10.2018 A. Mandhani