Rama Shankar And Another vs State Of U.P. And Another
2016 Latest Caselaw 4595 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 21570 of 2016
 

 
Applicant :- Rama Shankar And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Shri Prakash Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicants, the learned AGA for the State and perused the record.

The instant application has been filed by the applicants with a prayer to quash the entire proceeding of Complaint Case No.2746 of 2013 (Kushum Devi Vs. Hari Shankar and others), under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chopan, District Sonebhadra pending in the Court of learned Additional Chief Judicial Magistrate, Sonebhadra.

It is submitted by learned counsel for the applicants that the applicants are Jeth and Jethani of the opposite party no.2.  Allegation has been made by opposite party no.2 by filing a complaint that wife of the applicant no.2 had illicit relationship with her husband which is absolutely false, frivolous and vague. The applicants are living separately. The court below has proceeded against the applicants in a pedantic manner merely on the basis of statements of the complainant and of the witnesses recorded under sections 200/202 Cr.P.C. and passed the summoning order against them to face the trial under the aforesaid offences. It is further contended that in a proceeding under the provisions of Domestic Violence Act a report was submitted by District Probation Officer, District Sonebhadra on 18.7.2013 that opposite party no.2 is residing at her parental house since last 20 years leaving her husband and as such the complaint which has been filed  in the year 2013 with frivolous allegations against the applicants is nothing but an abuse of the process of law.

The matter requires consideration.

Let notice be issued to opposite party no.2 returnable within three weeks, who shall file counter affidavit within the said period.

Learned A.G.A. may also file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter.

Let the case be listed immediately after expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, further proceedings so far as the applicants are concerned in Complaint Case No.2746 of 2013 (Kushum Devi Vs. Hari Shankar and others), under sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Chopan, District Sonebhadra shall be kept in abeyance.

Order Date :- 28.7.2016

RU