Sri Mandeep Singh, learned counsel for the applicant; learned A.G.A. for opposite party no. 1 and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the applicant for quashing the N.B.W dated 17.01.2021 passed by C.J.M, District Bulandshahr in S.T No. 10395 of 2018, arising out of Crime No. 1377 of 2017 (State Vs. Shanwaz and others), under Sections 498A, 323, 504, 506 and 120B of Indian Penal Code and 3/4 of D.P.Act, 1961, Police Station- Kotwali Nagar, District- Bulandshahr.
Brief facts of the case as per F.I.R is that victim was married to applicant's sister stepson on 21.11.2015 and with intention to fraud to the victim applicant and other co-accused made a readymade groom for marriage and grabbed all her stridhan and gifts as well as demanded for more money as dowry. When victim stayed with her in-laws she was tortured and subjected to cruelty. The applicant is a retired Government teacher and the only allegation against her in the F.I.R is that she is the mediator in the marriage of the victim.
Learned counsel for the applicant submits that the applicant is maternal mother-in-law (mausiya saas) of the victim. She has no relation in this incident. F.I.R is based on false and frivolous allegations.
Prima-facie, matter requires consideration.
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 next date of listing.
Opposite party no.2 may file counter affidavit within three weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within one week.
List this case on 29.11.2021.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 26.10.2021 PS