Court No. - 28 Case :- APPLICATION U/S 482 No. - 17677 of 2010 Petitioner :- Mithilesh Kumari And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Sandeep Kuamr Respondent Counsel :- Govt.Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for
quashing the proceedings of the complaint case no. 2441 of 2009 (Ram
Naresh Vs. Ramjeet and others), under Section 494 I.P.C., Police Station
Ghazipur, District Fatehpur, pending before learned Additional Chief Judicial
Magistrate, Court No.10, District Fatehpur and also for quashing of
summoning order dated 03.03.2010 issued in the aforesaid case.
It is contended by learned counsel for the applicants that the applicant no.1 is
the legally wedded wife of the opposite party no.2 who was married on
20.05.2006 and on account of the demand of additional dowry, the opposite
party no.2 harassed her. It is further contended that the applicant no.1
thereafter, came back to her parental house in the year 2006 and the opposite
party no.2 did not even bother about her welfare. It is next argued that on
behalf of the applicants that in order to put pressure upon the applicants, the
opposite party no.2 initiated the present proceedings against the applicant
no.1 and her entire family members when in fact, applicant no.1 has not re-
married with any person as alleged by the opposite party no.2.
Issue notice to the opposite party no.2 returnable within a period of four
weeks.Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks’ time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants two weeks’ thereafter,
is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing no coercive action shall be taken against the
applicants in the aforesaid case.
Order Date :- 16.7.2010
S.Ali