SAHABI KHATOON Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Satya Priya Upadhyay, learned counsel for the applicant, Mr. Rabindra Kumar Singh, learned Additional Government Advocate assisted by Mr. Prashant Kumar Singh, learned Brief Holder for the State of U.P./opposite party no. 1 and Mr. Om Prakash Yadav, learned counsel appearing on behalf of opposite party no. 2.

(2.) The instant application under Sec. 482 Cr.P.C. has been preferred by the applicant-Sahabi Khatoon with a prayer to quash the order dtd. 5/6/2023 passed by Additional Principal Judge, Family Court, Ballia in Criminal Misc. Case No. 321 of 2022 (Jamal Khan vs. Sahavi Khatoon), whereby an application under Sec. 126(2) Cr.P.C. of the opposite party no.2 has been allowed.

(3.) The principle question of law that falls for consideration of this Court in the present litigation is whether the Family Court was justified in allowing the recall application U/s 126(2) of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C.') of the opposite party no. 2 (husband).