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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 1487 of 2005 Bhagat Ram v. Smt. Basanti Devi and Ors., relating to offences punishable u/s 147, 504, 506, 452, 427 I.P.C., pending in the court of Judicial Magistrate, Kashipur.
Learned Counsel for the petitioners submitted that complainant Bhagat Ram (respondent No. 2) is husband of petitioner No. 1 Basanti Devi. Petitioner No. 2 Suneeta and petitioner No. 3 Arti are daughters of Bhagat Ram and Basanti Devi. It is submitted that on behalf of the petitioners that petitioner No. 1 Basanti Devi is in litigation with Damyanti (sister of complainant Bhagat Ram). Due to the matrimonial discord between Bhagat Ram and Basanti Devi, Bhagat Ram has filed the Criminal Complaint as counter blast to the suit filed by Basanti Devi against Damyanti relating to a house occupied by her (Damyanti). It is argued that it is abuse of process of law on the part of the complainant to implicate his own wife and children in a false case to pressurize them in the suit filed against his sister.
No counter affidavit has been filed on behalf of the respondent No. 2 even after opportunities are given by this court, to controvert the allegations made by the petitioners.
In the above circumstances, from the perusal of record it is apparent that the complainant has filed the impugned criminal complaint against his own wife and daughters that they have committed ''MARPEET'' by trespassing in his house and caused loss of the property. On the face of it the impugned criminal proceedings are abuse of process of law on the part of the complainant who is not having cordial relations with his wife and children.
Therefore, the petition u/s 482 of Cr.P.C is allowed and proceedings of Criminal Complaint Case No. 1487 of 2005 Bhagat Ram v. Smt. Basanti Devi and Ors. relating to offences punishable u/s 147, 504, 506, 452, 427 I.P.C., pending in the court of Judicial Magistrate, Kashipur, are hereby quashed.