Mohammad Habib And 5 Others vs State Of U.P. And Another
2013 Latest Caselaw 3477 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- APPLICATION U/S 482 No. - 20474 of 2013
 

 
Applicant :- Mohammad Habib And 5 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ansar Ahmad
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Ansar Ahmad, learned counsel for the applicants and learned A.G.A.

This application under Section 482 Cr.P.C. has been filed for quashing the complaint registered as complaint case No.48 of 2012, Smt. Yasmeen Vs. Mohammad Soaib and others, under Sections 12,17,18,19,20,22 of the Domestic Violence Act, police station Nawabad, District Jhansi pending in the Court of learned Judicial Magistrate, Court No.10, Jhansi and all consequential proceedings thereon.

After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant nos.1 and 4, namely, Mohammad Habib and Smt. Fareena are concerned, there is no justification for quashing the prosecution of the aforementioned case.

The prayer to that extent on behalf of applicant nos.1 and 4, namely, Mohammad Habib and Smt. Fareena is hereby refused.

The application on their behalf is hereby dismissed.

So far as applicant nos. 2,3,5 & 6, namely, Mohammad Adil, Mohammad Amir, Km. Khakasa & Km. Darkasa  are concerned, the contention of learned counsel for the applicants that the proceedings of the present case against them should be quashed in view of the law laid down by the Apex Court in the case of Ashish Dixit & others vs. State of U.P. and another reported in (2013) SCC 4 176, in which it has been held that the proceedings under the Protection of Women from Domestic Violence Act, 2005, if any, shall go on only against the husband, father-in-law and mother-in-law of the victim, find force.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.

Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.

List immediately after expiry of the aforesaid period before appropriate Bench.

Till the next date of listing, further proceedings of the aforesaid case against nos. 2,3,5 & 6, namely, Mohammad Adil, Mohammad Amir, Km. Khakasa & Km. Darkasa shall remain stayed.

It is made clear that the proceedings against the co- accused Mohd. Soaib @ Ranu (Husband) shall go on, if there  is no legal impediment.

Order Date :- 2.7.2013

NS