Court No. - 1
Case :- APPLICATION U/S 482 No. - 25030 of 2018 Applicant :- Pawan Verma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri V.P. Mishra, learned counsel for the applicants and Sri Irshad Hussain, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 9.10.2017, passed by Addl. Chief Judicial Magistrate-I Bulandshahar in case no.3225 of 2017, in case crime no.16 of 2017, u/s 498-A, 323, 324, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, district Bulandshahar.
Learned counsel for the applicants submits that the marriage between the applicant no.1 and opposite party no.2 was solemnized in the year 2015. The applicant no. 2 and 3 are the father- in-law and mother-in-law of the opposite party no.2.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that so far as applicant no.1 (husband) is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no.1 is hereby refused.
So far as applicant nos.2 and 3 are concerned, it has been contended by learned counsel for the applicants that they are the family members of applicant no.1 and the allegation levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra vs. State of U.P. and others reported in 2012 (10) ADJ 464.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant nos.2 and 3.
It is made clear that proceedings against husband shall go on in accordance with law, if there is no legal impediment.
The assignment, if any, stands discharged.
Order Date :- 25.7.2018/Gaurav