NITIN GOEL Vs. ATATE OF UP

JUDGEMENT

(1.) By moving the present application under Section 482, Cr.P.C. the applicants have prayed that charge sheet dated 25.3.2013 submitted in case crime no.475 of 2012, under Sections 504, 506(2), 307, 120-B, IPC, 67 Information Technology Act and Section 3, 4, 6 of the Indecent Representation of Women (Prohibition) Act, 1986 and the entire proceedings of case no.528 of 2013 arisen out of the charge sheet, mentioned above, be quashed.

(2.) Heard Shri L.K. Pandey, learned counsel for the applicants, Shri D.K. Srivastava for O.P. No.2, learned AGA and perused the record.

(3.) It has been argued on behalf of the applicants with all the vehemence that O.P. No.2 is the wife of applicant no.1 Nitin Goel. After their marriage the relationship between the two were hostile inasmuch as O.P. No.2 lodged a case under Sections 498-A and 406, IPC at Jaipur and also lodged a case under the Domestic Violence Act at Allahabad. On behalf of the applicant as well, proceedings for divorce were initiated. Since the relationship between the parties were hostile, false implication is quite evident. Admittedly, the complainant, O.P. No.2 did not sustain any injury and as such there is no medical support of the prosecution version . It has also been argued that the applicants are the resident of Bulandshahar and they would have never committed offence at Allahabad where O.P. No.2 used to reside and this place was altogether alien to them. Since the case has been launched maliciously with false allegations, the application deserves to be allowed.