Court No. - 44
Case :- APPLICATION U/S 482 No. - 25095 of 2018 Applicant :- Usha And 7 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Srivastava, learned counsel for the applicants and the learned A.G.A. for the State.
The application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 3.4.2018, passed by the Additional Chief Judicial Magistrat-I, Mainpuri in complaint Case No. 555 of 2018 (Bala Shri Vs. Avanish and others), under sections 452, 323, 504 IPC, P.S. Bhagaon, District Mainpuri as well as the entire proceedings of above mentioned complaint case.
Learned counsel for the applicants submits that the marriage of Rashmi daughter of applicant nos. 1 and 2 was solemnized with Vikas, son of the opposite party no.2 on 24.1.2016 in accordance with Hindu Rites and Customs. Subsequently, Rashmi the daughter of applicant nos. 1 and 2 was abandoned by her husband Vikas. Consequently, she started living with the family of her parents from 20.8.2016. Faced with despair and destitution, Rashmi daughter of applicant nos. 1 and 2 initiated proceedings under Section 125 Cr.P.C against Vikas the son of the opposite party no.2 and her husband. As a counter blast to the aforesaid proceedings, the opposite party no.2 has filed the complaint dated 7.2.2017, wherein the present applicants have been summoned. On the aforesaid factual premise, learned counsel for the applicants submits that the present criminal proceedings, which are a counter blast to the criminal proceedings initiated by Rashmi daughter of applicant nos. 1 and 2, are not only malicious but also amount to an abuse of the process of the Court.
Having heard the learned counsel for the applicants and considering the facts and circumstances of the case as brought on record, matter requires consideration.
Issue notice to the opposite party No.2, calling upon her to file counter affidavit.
List on the date fixed in the notice.
Until further orders of court, further proceedings of above mentioned complaint case, shall remain stayed.
Order Date :- 30.7.2018 Arshad