Court No. - 50
Case :- APPLICATION U/S 482 No. - 29713 of 2018 Applicant :- Rajesh Singh And 4 Ohters Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brajesh Kumar Solanki Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard Sri Brajesh Kumar Solanki, learned counsel for the applicants and learned A.G.A. for the State.
Learned counsel for the applicants contends that the applicants have been falsely implicated in criminal case no. 2779 of 2009, under section 498A, 406 I.P.C. and 3/4 D.P. Act and the case is pending since long while the opposite party no. 2 has obtained decree of divorce against applicant no. 1 Rajesh with whom she was married on 06.12.2001; that since the marriage between the parties has dissolved, decree of competent court in matrimonial petition no. 223 of 2007 on 28.05.2010 copy at Annexure no. 2; that the proceedings of above criminal case no. 2779 of 2009 are liable to be quashed; that as per copy of ordersheet the prosecution witnesses are not turning up since long despite issuance of N.B.W. against them and not even a single witness has been examined by the trial court till 25.06.2018.
Per contra, learned AGA submitted that on the ground of delay in disposal of trial the proceedings of criminal case may not be quashed.
Upon hearing learned counsel for the parties, I do not find any sufficient ground for quashing the proceedings of criminal case.
The application is disposed of with the direction to the court below for expeditious disposal of criminal case, if possible, within a period of one year from the date of production of copy of order of this Court.
Order Date :- 26.9.2018 Bhanu