Smt. Sadhna Devi And 14 Others vs State Of U.P. And Another
2016 Latest Caselaw 3588 ALL

Citation : 2016 Latest Caselaw 3588 ALL
Judgement Date : 20 June, 2016

Allahabad High Court

Smt. Sadhna Devi And 14 Others vs State Of U.P. And Another on 20 June, 2016

Bench: Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 18819 of 2016
 

 
Applicant :- Smt. Sadhna Devi And 14 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Janardan Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.

The instant petition has been filed by the applicants with a prayer to quash the entire criminal proceeding arising out of Complaint Case No.541 of 2014 (Suneel Vs. Smt. Sadhna Devi and others), under sections 494, 506, 109 I.P.C., Police Station Mahnajpur, District Azamgarh pending in the Court of learned Judicial Magistrate Court No.11, Azamgarh.

It is submitted by learned counsel for the applicants that the applicant no.1 is legally wedded wife of opposite party no.2. The opposite party no.2 has filed a complaint as a counter blast to the complaint lodged by applicant no.1 in respect of the marriage solemnized by opposite party no.2 during the subsistence of marriage with him. The complaint which has been filed by the opposite party no.2 is an abuse of process of law. The court below has proceeded in a pedantic manner against 14 other persons also and passed the order to face trial under sections 494, 506, 109 I.P.C. It is specifically stated in paragraph 18 of the petition that the applicant no.1 has not performed any second marriage.

The matter requires consideration.

Let notice be issued to the opposite party no.2 returnable within one month who shall file counter affidavit the said period. Rejoinder affidavit, if any, may be filed by the applicants within one week thereafter.

Let the case be listed in the week commending 8.8.2016 before the appropriate Bench.

Till the next date of listing further proceedings in Complaint Case No.541 of 2014 (Suneel Vs. Smt. Sadhna Devi and others), under sections 494, 506, 109 I.P.C., Police Station Mahnajpur, District Azamgarh pending in the Court of learned Judicial Magistrate Court No.11, Azamgarh against the applicants shall be kept in abeyance.

Order Date :- 20.6.2016