ANURAG PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Marriage is a sacred ceremony, main purpose of which is to enable the young couple to settle down in life and live peacefully. Little matrimonial clash between the parties suddenly erupt which often assume serious proportions resulting in heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about reconciliation are rendered helpless on their being arrayed as accused in the criminal case. There are many reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate the disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their "young" days in chasing their cases in different courts, like the present case.

(2.) By means of this application, applicants have prayed for quashing of the charge sheet No. 227/2006, submitted in Case Crime No. 306 of 2006, under Sections 498-A,406,504,506 IPC and Section 3, 4 D.P. Act, P.S. Cantt, District Varanasi along with its consequential proceedings including the cognizance order dated 9.11.2006 and summoning order dated 17.3.2007 passed by the CJM, Varanasi.

(3.) The facts giving rise to the present controversy is on account of matrimonial discord between the applicant no. 1 and opposite party no. 2. It appears that they were married on 6.2.2005 and the marriage took place at District Varanasi. Applicants were residing at Indira Nagar, Lucknow. Husband of the opposite party no. 2 was posted in Jaipur and after marriage they started living in Jaipur. It appears from the record that an FIR was lodged by opposite party no. 2 on 4.2.2006 at Mahila Police Station, Gandhi Nagar, Jaipur. Allegations contained in the FIR reveals the following things:-