Ram Prasad And 8 Ors vs State Of U.P. And Another
2014 Latest Caselaw 7761 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 43243 of 2014
 

 
Applicant :- Ram Prasad And 8 Ors
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Rakesh Pandey,Ugrasen Kumar Pandey
 
Counsel for Opposite Party :- Govt. Advocate,Ajay Kumar Baranwal,H.L.Pandey
 

 
Hon'ble Surendra Singh,J.

Heard learned counsel for the applicants as well as learned A.G.A. and perused the material placed on the record.

Applicants by way of filing this application under Sections 482 Cr.P.C. have sought to quash entire proceeding of Complaint Case No.611 of 2012 (Sangita Gupta Versus Vineet Gupta and others) under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 of D.P. Act including impugned order dated 8.7.2014 passed by  Judicial Magistrate, Saidpur, Ghazipur.

Submissions have been made on behalf of the applicants that applicants are parents-in-law, Jeth, Jethani, Dewar and  unmarried Nanad of respondent no.2. The applicants are wholly innocent and they have been falsely dragged in the present case in order to cause unnecessary harassment and victimize them. It is a case of no injury. It is further argued that case of the applicants is entirely distinguishable from case of husband of opposite party no.2. It is next argued that entire criminal proceeding instituted against applicants is nothing but an abuse of process of law which deserves to be set at rest.

Learned A.G.A. has accepted notice on behalf of opposite party no.1.

Notice need not be sent to opposite party no.2 as she has already been represented by counsels Sri  Ajay Kumar Baranwal and Sri H.L.Pandey.

Learned A.G.A. as well as learned counsel for opposite party no.2 pray for and are granted three weeks to file counter affidavit. Rejoinder affidavit may be filed within two weeks' thereafter.

List this case after expiry of aforesaid period before appropriate Bench.

Till the next date of listing, further proceeding in the aforesaid case shall remain stayed.

Order Date :- 28.10.2014

MN/-