Court No. - 55
Case :- APPLICATION U/S 482 No. - 39197 of 2018 Applicant :- Sunil And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sumit Daga Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A.and also perused the record..
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 773 of 2017(Smt.Priti vs. Sunil & others) under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Jawan, District Aligarh pending in the court of Judicial Magistrate, Court No.1, Aligarh as well as summoning order dated 14.6.2018.
The marriage between opposite party no.2 and applicant no.1Sunil was solemnized about five years ago.
Learned counsel for the applicants submits that the applicant No.1 is the husband, applicants 2 & 3 are father-in-law and mother-in-law and applicant no.4 is Jaith of opposite party no.2 and the allegations levelled against them are wholly vague and no specific allegation has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of
U.P. and others reported in 2012 (10) ADJ 464.
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 immediately after expiry of the aforesaid period before appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against applicant nos. 2 to 4.
So far as proceedings against applicant no.1, Sunil is concerned, the same shall go on in accordance with law, if there is no legal impediment.
Order Date :- 30.10.2018 IA