Citation : 2019 Latest Caselaw 1576 ALL
Judgement Date : 25 March, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 10518 of 2019 Applicant :- Smt. Archana Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the applicant that applicant is daughter in law of O.P. No. 2. The marriage of applicant was solemnized with the son of O.P. No. 2 namely Anil in the year 2011. There was matrimonial dispute in between the applicant and O.P. No. 2 and his family members. The husband of applicant and O.P. No. 2 ousted the applicant from their house due to non fulfillment of demand of dowry. A compromise has taken place on 23.2.2018 in between son of O.P. No. 2 and applicant. Due to matrimonial dispute in between the applicant and her husband the O.P. No. 2 has filed this false and frivolous complaint against the applicant. In fact, no such incident has taken place. No offence is made out against the applicant. The present prosecution has been instituted only for the purpose of harassment.
The matter requires consideration.
Learned A.G.A. has accepted notice on behalf of State-O.P. No. 1.
Issue notice to O.P. No. 2 who may file counter affidavit within a period of four weeks. Rejoinder affidavit may be filed within one week thereafter.
List thereafter. Till the next date of listing no coercive action shall be taken against the applicant in Criminal Complaint Case No. 1094 of 2014 (Lajjaram Vs. Smt. Archana and others) under section 379 IPC, P.S. Sirsaganj, District Firozabad pending in the court of A.C.J.M. Shikohabad, Firozabad.
Order Date :- 25.3.2019
Masarrat
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