Court No. - 48
Case :- APPLICATION U/S 482 No. - 43968 of 2018 Applicant :- Yagya Dutta Rathor And 07 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.,Ajai Kumar Singh Hon'ble Om Prakash-VII,J.
Sri Ajai Kumar Singh, learned counsel for the opposite party no.2 states that he will not file counter affidavit in the matter.
Since both the parties are represented by their counsel and were heard at length, therefore, this matter is being decided at this stage itself with the consent of parties.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of case no. 1512 of 2016 under Sections 12, 18, 19, 20, 21, 22 & 23 of Prevention of Women from Domestic Violence Act, Police Station Sipri Bazar, District - Jhansi pending in the Court of Addl. Chief Judicial Magistrate-II, Jhansi. Further prayer has been made to stay the further proceedings of the aforesaid case.
It is submitted by the learned counsel for the applicants that entire family have been roped in the petition under Section 12 of Prevention of Women from Domestic Violence Act. Some of the family members (applicants) are residing in other States since before the marriage of applicant no.1 and opposite party no.2. Facts mentioned in the complaint are false. Proceedings under Sections 12, 18, 19, 20, 21, 22 & 23 of Prevention of Women from Domestic Violence Act cannot be continued against the applicants. The Magistrate concerned, while issuing summons against the applicants, has committed illegality.
Learned A.G.A. as well as learned counsel for the opposite party no.2 state that applicants have not made any reply before the court concerned. Court is empowered to exonerate the applicants if their reply substantiates with the evidence. There is no illegality in the order passed by the Magistrate concerned.
I have considered the rival contentions advanced by learned counsel for the parties.
Perusal of the record shows that after issuance of notice, some of the applicants have appeared before the court concerned, but none of them have filed any reply to the notice. It is made clear that the Magistrate is fully empowered to exonerate the applicants if reply is filed by the applicants and same is substantiated with the evidence. At this stage, in this proceedings, keeping in view the above facts, I do not find any ground to invoke the jurisdiction under Section 482 Cr.P.C.
Application u/s 482 Cr.P.C. is accordingly dismissed. Interim order, if any, stands vacated.
Order Date :- 22.1.2019
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