Court No. - 55
Case :- APPLICATION U/S 482 No. - 39206 of 2018 Applicant :- Smt. Shikha Taank And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Narayan Singh,Laxmi Kant Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Sri S.K.Srivatava has field power on behalf of opposite party no2., which is taken on record.
Heard learned counsel for the parties and perused the record.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Complaint Case 3573 (Vikas Vs. Shukla & Others) under Sections 147, 148, 323, 504, 506 I.P.C., police station Pratapur, District Meerut, pending in the court of A.C.J.M., VII Meerut as well as summoning order dated 7.9.2018.
Learned counsel for the applicants submits that it is a case of counter blast. Earlier the applicant no1 had filed three cases against opposite party no.2 under various sections of Domestic Violence Act, Sec.9 Hindu Marriage Act and section 498-A, 323 504, 506 IPC & 3/4 D.P.Act.hence the opposite party no.2 initiated the present proceedings for malicious prosecution of the applicants. It is next contended that it is a case of no injury as there was no medical report to this effect.
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 four weeks at the address given in the application.
Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed.
Order Date:30.10.2018 IA