Court No. - 48
Case :- APPLICATION U/S 482 No. - 6575 of 2019 Applicant :- Mala Gupta And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed for quashing the entire complaint proceedings registered as complaint cvase no. 04992 of 2016/7674 of 2016 (Ravi Prakash Vs. Harishanker) pending in the court of A.C.J.M. Court No. 11 Fatehpur, and also be pleased to stay the summoning order dated 23.08.2018 under Sections 323, 379, 504, 506 I.P.C., Police Stlation Kotwali, District Fatehpur.
It is contended by the learned counsel for the applicants that earlier applicant no.1 filed a criminal case being Case Crime No 1845 of 2010 against the opposite party no.2 and other family members, which is pending for disposal. It is further contended that as a counter blast to the said case, opposite party no.2 filed an application under Section 156(3) Cr. P.C. against applicant no.1 and her family members, which was registered as Complaint Case No. 881 of 2012, which is pending for disposal. Subsequently, in order to harass the applicant no.1 and her family members, the opposite party no.2 filed another application under section 156(3) Cr. P.C. on 02.05.2016 inter alia stating therein that on 03.04.2016 at about 6.30 p.m., the applicant no.2 and two others started chasing opposite party no.2, and thereafter, they stopped and abused him and also snatched his gold chain and threatened him to kill, if he will not dissolve the marriage with the applicant no.1. The said case was registered as Case No. 04992 of 2016 and learned Additional Chief Judicial Magistrate Court No. 11, District Fatehpur vide impugned order dated 23.08.2018 summoned all the applicants under sections 323, 379, 504, 506 I.P.C., police station Kotwali, District Fatehpur.
Learned A.G.A has accepted notice on behalf of the opposite party no.1.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Steps be taken within one week.
Opposite parties may file their counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Until further order of this court, entire proceedings of the aforesaid case shall remain stayed against the applicants.
Order Date :- 22.2.2019 T.S.