Allahabad High Court
Smt. Anjana And 3 Others vs State Of U.P. And 2 Others on 10 February, 2021
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 88
Case :- APPLICATION U/S 482 No. - 2156 of 2021
Applicant :- Smt. Anjana And 3 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Aditya Kumar Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
The present 482 Cr.P.C. application has been filed to quash the chargesheet dated 1.2.2012 as well as the entire proceedings arising out of criminal case no. 818 of 2017, case crime no. 357 of 2011, under Sections 498A, 323, 504, 506, 205 IPC and 3/4 D.P. Act, P.S. Cannt, District Varanasi.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
Contention advanced by learned counsel for the applicants is that the applicants are the brother in law and sister in law respectively and are facing harassment in connection with the said case crime arising out of chargesheet no.28 of 2012. It is further contended that the present case is of sheer harassment as the husband and wife (opposite party no.2) have already entered into compromise and to that extent, decree has been passed for mutual divorce (judicial separation) by the Principle Judge, Family Court by the order dated 11.2.2017 in Marriage Petition No.810 of 2016. It is also argued that further criminal case instituted in respect of the Case Crime No.295 of 2012 under Sections 419, 420 and 406 IPC instituted at the instance of the wife, has been quashed by this Court vide detailed judgment and order dated 24.2.2020 passed in Application under Section 482 Cr.P.C. No. 1672 of 2013. It is further submitted that the applicants could not appear before this Court because they are residing outside and have come to know about the non bailable warrant recently.
From the perusal of the documents brought on record, the argument so advanced, prima facie, appears to have substance and matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party nos.2 and 3 returnable within eight weeks.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List before appropriate Bench on the date indicated in the notice.
In the meanwhile until further orders of this Court, further proceedings of the aforesaid case, in respect of the present applicants, shall remain stayed.
However, in respect of those accused persons, who have already put in appearance in the present case, proceedings shall go on and shall not be influenced by the order of this Court passed today and pendency of this application.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.2.2021
Deepika
