Court No. - 53 Case :- APPLICATION U/S 482 No. - 23340 of 2008 Petitioner :- Nivedita & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Praveen Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel for the State and Sri
Nirbhay Singh, learned counsel for the opposite party no.2.
By means of this petition under section 482 Cr.P.C., the petitioner has prayed
for quashing the impugned order dated 10.7.2008 and the proceedings in Case
No.67 of 2008 (Gautam Singh v. Nevedita and others)(initially Case No.387
of 2008) under sections 498, 379, 504, 506 I.P.C. P.S. Chunar, District
Mirzapur, pending in the Court of III Additional Civil Judge(Junior Division),
Mirzapur.
Submission of learned counsel for the applicants is that the present case,
instituted against the applicants, is false and frivolous and is the counter blast
of the application which the applicant had sent to higher authorities, alleging
therein that there was demand of dowry from opposite party no.2, husband.
This matter was referred to Mediation Centre and learned counsel for the
opposite party submits that it failed.
I have considered the submissions made by learned counsel for either parties
and perused the material on record.
I am of the view that no interference is called for in the present petition under
section 482 Cr.P.C. The petition is liable to be dismissed. It is accordingly
dismissed.
However,it is provided that if the applicants appear before the court
concerned within thirty days from today and applies for bail, their application
will be considered by the court concerned, expeditiously, in accordance with
law and also in the light that the matter pertains to the year as far back as
2007.
Order Date :- 13.7.2010
kvg/-