Hazra Parveen And 5 Others vs State Of Up And Another
2018 Latest Caselaw 1744 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- APPLICATION U/S 482 No. - 24757 of 2018
 

 
Applicant :- Hazra Parveen And 5 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Mohd. Aslam Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Mohd. Aslam Khan, learned counsel for the applicants, Sri Prashant Kumar, learned A.G.A. appearing for the State and perused the record.

This application under Section 482 Cr.P.C has been moved with a prayer to quash the entire proceedings of the Complaint Case No.599 of 2018 (Rehana vs. Mohd. Yaseen) under section 498A, 323, 504, 506, 452 IPC and section 3/4 Dowry Prohibition Act Police Station Sher Kot, District Bijnor as well as the summoning order dated 15.5.2018 passed by Additional Civil Judge (Jr.Div.)/ Judicial Magistrate, Court No.3, Bijnor.

It is contended by the learned counsel for the applicant that the opposite party no. 2 married one Mohd. Sajid on 9.10.2017 and thereafter Mohd. Sajid went to Saudi Arabia. The opposite party no. 2 went to her parent's home. Subsequently, she has filed the present complaint case against the accused applicants who consist of 75 years old mother-in-law, applicant no.1, applicant no.2 is 'Jeth', applicant no. 3 is 'Jethani', applicant no.4 is 'Devar', applicant no. 5 is married 'Nand' and applicant no. 6 is 'Nandoi'. All the applicants are residing in Mumbai and only to harass them, the present malicious prosecution has been initiated by the opposite party no.2.

Matter requires consideration.

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

Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week.

Both the opposite parties shall file counter affidavits by the next date fixed.

List this matter on 12.9.2018 before appropriate bench.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforementioned case.

Order Date :- 27.7.2018

AU