Court No. - 49
Case :- APPLICATION U/S 482 No. - 1653 of 2018 Applicant :- Lokesh And Another Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Mr Abhishek Mishra Counsel for Opposite Party :- A.G.A.,Krishna Kant Shukla
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Abhishek Mishra, learned counsel for the applicants; Sri Krishna Kant Shukla, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 14/2017 dated 07.07.2017, cognizance order dated 18.07.2017 as well as the entire proceedings of Case No. 8 of 2017 (State Vs. Lokesh and another), arising out of Case Crime No. 33 of 2017, under Sections- 498-A, 323, 313, 494, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Hathras, pending in the court of Civil Judge (Jr. Div.)/Judicial Magistrate, Hathras.
3. Learned counsel for the opposite party no.2 states that while in paragraph 9 of the affidavit in support of the present application, it had been disclosed to this Court that the marriage between the applicant no.1 and opposite party no.2 stood dissolved by order dated 13.09.2015 passed in Marriage Petition No. 170 of 2013, that order had been recalled on 16.11.2017, which fact was known to the applicants. However, while filing the present application and affidavit dated 08.01.2018 such material fact was not disclosed by the applicants.
4. Other things apart the fact of such concealment is largely undisputed even today. Therefore, that applicants were never entitled to any benefit of the extraordinary remedy under Section 482 Cr.P.C. owing to their fault and conduct.
5. Consequently, the present application is dismissed. Interim order dated 02.02.2018 is hereby vacated.
Order Date :- 19.9.2018 Lbm/-