Shiv Pal Singh @ Khurbhur Singh And ... vs The State Of U.P And Anr.
2014 Latest Caselaw 3221 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 3044 of 2014
 

 
Applicant :- Shiv Pal Singh @ Khurbhur Singh And Anr.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Sadhu Sharan Chaubey,Salil Kumar Srivastava
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1. This petition has been filed by Shiv Pal Singh alias Khurbhur Singh and his wife Pooja to say that the impugned proceedings in Case No.5052 of 2013, Case Crime No.529 of 2012, State v. Shiv Pal Singh alias Khurbhur Singh, under Sections 363/366/376/344/504/506 I.P.C., Police Station Fakharpur, District Bahraich, pending in the Court of Additional Chief Judicial Magistrate, Bahraich, are liable to be quashed for the reason that the petitioners are married and living happily. Father of respondent no.2 did not accept the marriage and initiated these proceedings.  It has also been pleaded that there would be a bar of limitation under Sub-Section (6) of Section 198 of the Code of Criminal Procedure. Petitioners got married on 29.5.2012.  More than one year has passed.

2. Issue notice to respondent no.2 through Chief Judicial Magistrate, Bahraich, returnable on 28.8.2014.

3. List on 28.8.2014.

4. Circle Officer of Police Station Fakharpur, District Bahraich, is directed to conduct an enquiry as to whether Shiv Pal Singh is indeed married to Puja Singh or not and file his affidavit in court by the next date of listing.

5. Further proceedings in the case, noted above, shall remain stayed till the next date of listing.

Order Date :- 16.7.2014

A.Nigam