Court No. - 27 Case :- APPLICATION U/S 482 No. - 33237 of 2009 Petitioner :- Kumari Rani Respondent :- State Of U.P. & Another Petitioner Counsel :- Rajesh Yadav Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
This is an application under Section 482Cr.P.C. for the quashment of the
proceedings of case no. 172 of 2009, arising out of case crime no.50 of 2008
relating to the PS Sambhal, District Moradabad for the offences under
Sections 498A, 323,504,506 IPC. It has further been prayed that in the
meantime the proceedings of the said case may be stayed.
FIR was lodged by Smt.Sarda for harassment and ill treatment on account of
demand of dowry. After filing of the charge sheet husband Neeraj and others
had moved an application no. 2699 of 2009 under Section 482 Cr.P.C.in
which notices were issued to Smt.Sharda.
Learned counsel for the applicant states at the Bar that in that application
under Section 482 Cr.P.C. Smt.Sharda appeared and both the husband and
wife are living together and the court has fixed a date in the month of March,
2010 to take stock of the situation as to whether they are living happily or not.
The present applicant is the sister of the husband Neeraj and is a juvenile.
I have considered over the abovenoted facts.
The application is admitted.
Issue notice to opposite party no.2 Smt.Sharda returnable within four weeks.
The applicant is directed to take steps for service of the notice on the opposite
party no.2 by registered post AD within a week from today. The opposite
party no.2 shall file counter affidavit, if any, within three weeks after service
of the notice. The AGA has already received copy of the application and he
may file counter affidavit within the intervening period.
The present application is directed to be listed before the appropriate Bench
after the service of the notice.
In the mean time proceedings of case no. 172 of 2009, arising out of case
crime no.50/2008, under Sections 498A,323,504,506IPC, PS Sambhal,
District Mordadabad ( State Vs. Rani) pending in the court of Principal Judge,
Juvenile Justice Board, Moradabad shall remain stayed.
Order Date :- 11.1.2010
SM