Heard the learned counsel for the petitioner and learned A.G.A. and perused the record.
This petition under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Motigarpur, District Sultanpur.
In the F.I.R. in question on the basis of which the charge-sheet has been filed the date of incident has been shown to be 18.01.2009 whereas the divorce petition was filed on 04.02.2009 has already been allowed after recording of some statements. Smt. Urmila Devi, the wife (opposite party no.4) in her statement (Annexure-4) has stated on oath that for the last 2-3 years she has been living separately which means that from the year 2006 she is not living with her in-laws. Learned counsel says that this indicates the falsity of the alleged criminal incident in respect of which the charge-sheet in question has been filed.
It appears to be an arguable case.
Let notice be issued to opposite party no. 4 returnable at an early date.
List immediately after service.
Objection/counter affidavit, if any, may be filed before the next date.
In view of the above, it is provided that till the pendency of this petition the proceedings arising out of Case Crime No.189 of 2009, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Motigarpur, District Sultanpur so far it relates to the petitioners shall remain stayed.
Order Date :- 12.1.2010 PAL/