JYOTI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicants; Sri S.K. Tiwari for the opposite party no.2; and the learned AGA for the State.

(2.) By the present application under Section 482 Cr.P.C., the applicants, who are five in number, being wife, mother in law, father in law, brother in law and other distant relatives, by marriage, of the opposite party no.2 (the complainant), have sought quashing of the complaint and the proceedings, in pursuance thereof, pending as complaint case no.833 of 2010 (Rinkoot Vs. Smt. Jyoti and others), under Section 406 IPC, in the Court of Additional Chief Judicial Magistrate, Court No.2, Aligarh.

(3.) Earlier, this Court while entertaining the application, vide its order dated 2nd March 2012, issued notice to the opposite party no.2 and gave time to file counter affidavit. Thereafter, twice time was allowed to file counter affidavit, but no counter affidavit has been filed even though the opposite party no.2 had put in appearance through Sri S. K. Tewari Advocate. Learned counsel for the applicants submitted that despite full information, the opposite party no.2 has not turned up for filing counter affidavit, therefore, the matter may be decided on the basis of material available on record.