Heard learned counsel for the applicantd and learned A.G.A. for State respondent.
The present application has been filed for quashing of the proceedings of Criminal Case No. 3505 of 2009 (Case Crime No. 163 of 2009), under Sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4 Dowry Prohibition Act, Police Station - Fazalganj, District - Kanpur Nagar, pending before learned A.C.M.M.-II, Kanpur Nagar and also for quashing of the charge sheet dated 02.07.2009 filed in the aforesaid case.
It is contended by the learned counsel for the applicants that the applicants are Jeth and Jethani of the opposite party no. 2, who are living separately and have been falsely implicated in this case. It is further contended that when the charge sheet has been filed the husband of opposite party no. 2 has filed a Criminal Misc. Application (under Section 482 Cr.P.C.) No. 20202 of 2010, in which another Bench of this Court vide order dated 09.06.2010 has referred the matter to the Mediation Centre and further proceedings has been kept in abeyance.
Issue notice to opposite party no. 2 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. The opposite party no. 2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicants two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive steps shall be taken against the applicants in the aforesaid case.
Order Date :- 15.6.2010 Sunil Kr. Gupta