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2017 DIGILAW 1644 (ALL)

JANAK DULARI v. STATE OF U. P.

2017-07-14

RAMESH SINHA

body2017
JUDGMENT Hon’ble Ramesh Sinha, J.—Heard Sri Lalu Prasad Bhatt, learned counsel for the applicants, Sri G.D. Bhatt, learned AGA for the State and perused the record. 2. Sri Mukesh Kumar Singh, learned counsel for the opposite party No. 2 is not present though the matter has been called out in the revised list. 3. By means of the present application under Section 482 Cr.P.C., the applicants have prayed for quashing the entire proceeding of case No. 2422 of 2008, case crime No. 14-C of 2007, under Sections 498-A, 304-B, 201 IPC and 3/4 D.P. Act, P.S. Kotwali Nanpara, district Bahraich as well as charge-sheet No. 201 of 2007 dated 31.12.2017 and summoning order dated 30.8.2013 pending before C.J.M. Bahraich. 4. It has been contended by learned counsel for the applicants that this Court vide order dated 8.11.2013, directed the S.P. Bahraich to constitute a team to verify the fact that the deceased Pramila Devi W/o Uttam Kumar Tiwari is still alive or not. As per counter-affidavit filed by the State, it is apparent that the deceased Pramila Devi is still alive and is living by the name of Rajani Devi being the wife of Krishna Kumar Tiwari, the said fact is mentioned in para No. 3 of the affidavit filed by the State. He further submits that the husband of the deceased has already been granted bail by the competent Court. 5. Learned AGA opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the applicants. 6. Considering the facts and circumstances of the case and taking into account the averment made in para No. 3 of the affidavit filed by the State by which it has been stated that the deceased Pramila Devi is still alive and after due inquiry, the said fact has been verified by the police under the orders of this Court dated 8.11.2013 and it transpires that so called deceased Pramila Devi is still alive and is living by the name of Rajani Devi being the wife of Krishna Kumar Tiwari, the FIR which has been lodged by opposite party No. 2 on the basis of application under Section 156(3) Cr.P.C. application against the applicants who are the in-laws of the deceased appears to be gross abuse of the process of Court. Hence, in view of the above, entire proceedings of the aforesaid case and all consequential proceedings as well as impugned summoning order are hereby quashed. 7. The present 482 Cr.P.C. application stands allowed.