Court No. - 15
Case :- APPLICATION U/S 482 No. - 18486 of 2018 Applicant :- Pratibha Jaiswal And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Sri Bhuvesh Kumar Singh, learned counsel for the applicants and learned AGA for the State.
Applicants have filed this application under Section 482 Cr.P.C. for quashing of proceedings of Complaint Case No.1929 of 2017 (Smt. Preeti vs. Atul Jaiswal and others) under Section 498-A, 323, 506 IPC and Section 3/4 D.P. Act, PS- Cantt, District Varanasi pending in the court of ACJM-9, Varanasi.
The submission of learned counsel for the applicants who are the married sister- in-law and parents-in-law of opposite party no.2 are being malaciously prosecuted on account of matrimonial dispute between opposite party no.2 with her husband. The allegations levelled against the applicants are false and frivolous, applicant no.1 is residing at the native place of her husband after her marriage which had taken place before the marriage of opposite party no.2. The case of the applicants is squarely covered with the judgement of Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464, therefore, proceedings against them are liable to be quashed.
Matter requires consideration.
Issue notice to Opposite Party no.2 who may file counter affidavit within four weeks.
Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks, thereafter.
List immediately after expiry of six weeks before the appropriate Bench.
Till the next date of listing, further proceedings of Complaint Case No.1929 of 2017 (Smt. Preeti vs. Atul Jaiswal and others) under Section 498-A, 323, 506 IPC and Section 3/4 D.P. Act, PS- Cantt, District Varanasi pending in the court of ACJM-9, Varanasi, shall remain stayed, in respect of applicants only.
Order Date :- 29.5.2018 Deepika