HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 58 Case :- APPLICATION U/S 482 No. - 11787 of 2015 Applicant :- Pawan Gupta And 3 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble B. Amit Sthalekar,J.
Heard Shri Bharat Singh, learned counsel for the applicants and learned A.G.A. for the State-respondent.
This application under section 482 Cr.P.C. has been filed for quashing the Complaint Case No.1360 of 2012, Puneet Vs. Pawan and others, under sections 498-A I.P.C. And 3/4 D.P. Act, Police Station Ujhani, District Badaun pending in the Court of learned Judicial Magistrate Ist, Badaun and impugned summoning order dated 7.6.2013 as well as proceedings thereunder.
Learned counsel for the applicants submits that earlier also for the same case the applicants have filed Criminal Misc. Application bearing No.12751 of 2014 (Pawan Gupta and three others Vs. State of U.P. and another), which was disposed of by this Court with a direction to the applicants to file an application for recalling of the non-bailable warrant before the court concerned. Learned counsel for the applicants further submits that earlier on 24.8.2012 the applicant no.1 applied for divorce and an ex-parte decree of divorce has been granted on 22.8.2014. Medical examination of the sister of opposite party no. 2 has also been conducted, which shows that she is not capable of having sexual relationship with applicant no.1. Learned counsel for the applicants submits that till date ex-parte divorce decree has not been set aside and the entire proceedings initiated against the applicants are malicious.
In this view of the matter, in my opinion, a prima facie case is made out for interference.
Issue notice to the respondent no.2 returnable within four weeks.
The petitioners shall take steps for service upon the respondent no.2 within three days.
List after four weeks.
Till the next date of listing, further proceedings of Complaint Case No.1360 of 2012, Puneet Vs. Pawan and others, under sections 498-A I.P.C. and 3/4 D.P. Act, Police Station Ujhani, District Badaun pending in the Court of learned Judicial Magistrate Ist, Badaun and the impugned summoning order dated 7.6.2013 shall remain stayed.
Order Date :- 7.5.2015 RU