Rakesh Nigam & Ors. vs State Of U.P. Thru. Secy. Home & ...
2019 Latest Caselaw 6238 ALL

Citation : 2019 Latest Caselaw 6238 ALL
Judgement Date : 9 July, 2019

Allahabad High Court

Rakesh Nigam & Ors. vs State Of U.P. Thru. Secy. Home & ... on 9 July, 2019

Bench: Rajeev Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 
Case :- U/S 482/378/407 No. - 4818 of 2019
 
Applicant :- Rakesh Nigam & Ors.
 
Opposite Party :- State Of U.P. Thru. Secy. Home & Anr.
 
Counsel for Applicant :- Ram Prakash Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

Heard, learned counsel for applicants, learned A.G.A. and perused the record.

This application under Section 482 Cr.P.C has been filed for quashing the entire criminal proceeding of the case No.26115 of 2019 in Case Crime No.1247 of 2018, under Sections 147, 504 and 506 I.P.C. Police Station Thakur Ganj, District Lucknow as well as summoning order dated 15.06.2019 passed by ACJM, Lucknow.

Learned counsel for the applicants has submitted that there was a matrimonial dispute between the applicant No.1 and opposite party No.2 and he has further submitted that since 2011 the opposite party No.2 is living separately from the applicant No.1 on her own choice, as a result, the divorce petition was filed in Regular Suit No.824 of 2012, under Section 13 of Hindu Marriage Act and during the pendency of the aforesaid divorce petition, she lodged the FIR as Case Crime No.1247 of 2018, under Sections 147, 504 and 506 I.P.C, Police Station Thakur Ganj, District Lucknow on 20.10.2018. Learned counsel for the applicants has further submitted that the judgment of the divorce petition was reserved, then the aforesaid accusations was made on the entire family and relatives of the applicants and on the basis of false and fabricated accusations, the investigating officer fails to investigate the matter.

On the basis of above referred submissions of learned counsel for the applicant, facts and material available on record, I am of the view that the matter requires consideration.

Issue notice to opposite party No.2, returnable at an early date.

List this case on 13.08.2019.

Till the next date of listing, no coercive action shall be taken against the applicant in pursuance of criminal proceeding of case No.26115 of 2019 in Case Crime No.1247 of 2018, under Sections 147, 504 and 506 I.P.C. Police Station Thakur Ganj, District Lucknow as well as summoning order dated 15.06.2019 passed by ACJM, Lucknow.

Order Date :- 9.7.2019

Amit/-