Saleem and Another vs State of U.P. and Another

Hon''ble Rajesh Dayal Khare, J.—Heard Learned Counsel for the applicants and learned AGA for the State-respondent. The present application u/s 482 Cr.P.C. has been filed for quashing of the proceedings of Criminal Case No. 660/9 of 2010 arising out of Case Crime No. 331 of 2009, under Sections 498-A, 364 IPC and 3/4 Dowry Prohibition Act, PS Baniyather, district Moradabad pending before the Additional Chief Judicial Magistrate, Court No. 5, Moradabad and also for quashing the charge sheet dated 11.09.2009 filed in the aforesaid case.

It is contended by the Learned Counsel for the applicants that the applicant No. 1 husband of daughter of opposite party No. 2 had filed an application before the concerned police station that his wife had gone with someone and after three days on 27.07.2009, first information report was lodged by opposite party No. 2 under the charged sections, in which after investigation, charge sheet has been filed.

It is further contended by the Learned Counsel for the applicants that thereafter the girl was recovered from the residence of opposite party No. 2 and in her statement recorded u/s 161 Cr.P.C., copy of which has been filed as annexure7 to the accompanying affidavit, wherein she has stated that she had gone to her relatives house because of the harassment of her in-laws and husband and, thereafter, went to her parents'' house and in the statement recorded u/s 164 Cr.P.C., copy of which has been filed as annexure-8 to the accompanying affidavit she has stated that she was beaten by her husband and in-laws and she became unconscious and, thereafter when she gained consciousness she was at Roorki and thereafter went to her parents house.

It is next contended by the Learned Counsel for the applicants that daughter of opposite party No. 2 herself had gone to her parents house regarding which written intimation was given by her husband on 19.03.2010 and in order to falsely implicate the applicants, opposite party No. 2 has initiated the present proceedings against the applicants, which is bad in law.

Issue notice to the opposite party No. 2 returnable within a period of four weeks. Steps be taken within a week.

Learned AGA prays for and is granted four weeks'' time to file a counter affidavit. Opposite party No. 2 may also file counter affidavit within the same period. Learned Counsel for the applicants shall have two weeks thereafter to file a rejoinder affidavit.

List immediately after the expiry of the aforesaid period before the appropriate Court. Till the next date of listing, no coercive action shall be taken against the applicants.