Court No. - 1
Case :- APPLICATION U/S 482 No. - 8355 of 2018 Applicant :- Vipin Kumar Sharma And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Ruduvant Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri R.P.Singh, learned counsel for the applicants and Sri Ashish Pandey, learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Case No. 92 of 2018 (State vs. Vipin Kumar Sharma & another) arising out of Case Crime No. 0238 of 2017 under Sections 498-A, 323, 406, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Ghaziabad and the charge sheet dated 30.9.2017 as well as the summon order dated 09.01.2018.
The marriage between applicant no.1 and opposite party no.2 was solemnized in the year 2012.
After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no. 1 is concerned, there is no justification for quashing the prosecution of the aforementioned case.
The prayer to that extent on behalf of applicant no. 1, namely, Vipin Kumar Sharma is hereby refused.
So far as applicant no. 2 is concerned, it has been contended by learned counsel for the applicants that she is the family member of applicant no.1 and the allegation levelled against her are wholly vague and no specific allegation has been levelled against her. 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 against applicant no. 2, namely, Smt. Omwati, shall remain stayed.
It is made clear that proceedings of the present case shall go on against the applicant no. 1, if there is no legal impediment.
Order Date :- 28.3.2018 A.K.Srivastava