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2023 DIGILAW 859 (ALL)

Shivam Gupta v. State of U. P.

2023-03-31

VIVEK VARMA

body2023
JUDGMENT : 1. Heard counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Complaint Case No. 8192 of 2022 (Ekta Gupta vs. Shivam Gupta and others) under Section 498A, 323 & 506 I.P.C. and 3/4 of D.P. Act, Police Station-Kasganj, District-Kasganj initiated before learned Chief Judicial Magistrate, Kasganj in pursuance of summoning order dated 07.01.2023. 3. So far as the husband-applicant no. 1, namely, Shivam Gupta is concerned learned counsel submits that he wants to withdraw the present application with liberty to the applicant no.1 to appear and file bail application before the Court below. 4. It is next contended that the applicant nos. 2, 4 and 5 are the married sisters-in-law (nands) and the applicant no. 3 is brother-in-law (nandoi) of the opposite party no. 2. The husband as well as entire family member of the husband-applicant no. 1, have been falsely implicated in the present case by the opposite party no. 2 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh. 5. Considering the submissions made by learned counsel for the applicants, the prayer, so far as it relates to seeking quashing of the entire criminal proceedings as well as summoning order in respect of applicant no.1 is concerned, the same stands refused. 6. The application on behalf of applicant no. 1 is dismissed with the liberty as prayed. 7. Insofar as the applicant nos. 2, 3, 4 and 5 are concerned, the following order is being passed:- 8. Learned AGA has accepted notice on behalf of the opposite party no. 1. 9. Issue notice to opposite party no. 2. 10. Opposite parties are granted six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter. 11. List this case in the additional cause list on 31.05.2023. 12. Till the next date of listing, no coercive action shall be taken against the applicant nos. 2, 3, 4 and 5 in the aforesaid case.