Court No. - 44
Case :- APPLICATION U/S 482 No. - 23194 of 2018 Applicant :- Rajendra Singh And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sushil Kumar, learned counsel for the applicants and the learned A.G.A. for the State.
Supplementary affidavit filed on behalf of the applicants is taken on record.
The application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 7.7.2017, passed by the Additional Chief Judicial Magistrate, Court No.4, Aligarh in complaint Case No. 2674 of 2016 (Suresh Pal Singh Vs. Rajendra Singh and Others), under sections 323, 504 IPC, P.S. Jawan, District Aligarh as well as the entire proceedings of above mentioned complaint case.
From the record, it appears that the marriage of the applicant no.4 Sapna was solemnized with Hariom son of the opposite party no.2 on 1.5.2012, in accordance with Hindu Rites and Customs. Subsequently, the husband of the opposite party no.4 Hariom died on 26.11.2015. Thereafter, the applicant no.4 has been forced to live separately and consequently, she is living separately since 25.7.2016. On account of the denial of maintenance as well as the residence by the in-laws, the applicant no.4 initiated proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005 by filing the Case No. 347 of 2016, vide complaint dated 4.5.2016. Thereafter, the applicant no.4 lodged an F.I.R. dated 28.10.2016, which was registered as Case Crime No. 0816 of 2016, under Sections 498-A, 323, 506 and 3/4 D.P. Act, P.S. Sadabad Kotwali, District Hathras. In the proceedings under the provisions of the Protection of Women from Domestic Violence Act, 2005, opposite party No.2 herein Suresh Pal Singh has been named as an accused along with other persons.
On the aforesaid factual premise, it is urged by the learned counsel for the applicants that as a counter blast to the aforesaid criminal proceedings initiated by the applicant No. 4, the present criminal proceedings have been engineered by the opposite party No.2. He, thus, submits that the present criminal proceedings initiated by the opposite party No. 2 are not only malicious but also amount to an abuse of the process of the Court.
Having heard the learned counsel for the applicants and considering the facts and circumstances of the case as brought on record, matter requires consideration.
Issue notice to the opposite party No.2, calling upon him to file counter affidavit.
List on the date fixed in the notice.
Until further orders of court, further proceedings of above mentioned complaint case, shall remain stayed.
Order Date :- 31.7.2018 Arshad