Court No. - 48
Case :- APPLICATION U/S 482 No. - 34040 of 2018 Applicant :- Saroj Kumar Chaubey And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surya Pratap Singh Parmar Counsel for Opposite Party :- G.A.,Babita Shukla,Ram Prakash Shukla
Hon'ble Om Prakash-VII,J.
List revised. Learned counsel for the parties are present.
On the request of learned counsel for the parties, Court is proceeding to decide the case finally.
This application has been filed with the prayer to quash the entire proceedings of case no. 65 of 2005, arising out of case crime no. 47 of 2004, under Section 498 IPC, P.S. Bhadohi, District Bhadohi pending in the Court of Chief Judicial Magistrate, Bhadohi. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and the learned AGA and perused the entire record carefully.
It is submitted by the learned counsel for the applicants that NCR lodged in this matter was not permissible in view of the provisions of Section 198 CrPC as the matter relates to marriage. It is next contended that NCR was investigated and thereafter charge-sheet for the offence under Section 498 IPC was submitted and Magistrate concerned took cognizance on 12.1.2015. It is next contended that entire procedure adopted by the Court concerned is illegal. Prosecution in the present matter could only continue as complaint.
Learned counsel appearing for opposite party no.2 though did not dispute the legal position yet stated that he will file complaint in the matter.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the specific provisions of Section 198 CrPC and also the nature of offence said to have been committed, in my opinion, the application is liable to be allowed and the entire proceedings of the aforesaid case are liable to be quashed.
Accordingly, the application is allowed. Entire proceedings of case no. 65 of 2005, arising out of case crime no. 47 of 2004, under Section 498 IPC, P.S. Bhadohi, District Bhadohi pending in the Court of Chief Judicial Magistrate, Bhadohi are quashed.
Order Date :- 30.1.2019 safi