VISHNU KANT MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajeev Kumar Upadhyay, learned counsel for the applicants and Sri Ajit Ray, learned AGA for the State.

(2.) THIS petition under section 482 Cr.P.C has been filed for quashing the proceedings in the Complaint Case No. 1436 OF 2014 (Beena Mishra/Pandey Vs. Vishnu Kant and others) under section 12 of the Protection of Women From Domestic Violence Act, 2005, pending in the court of JM IInd, Varanasi. A further prayer has also been made for quashing the order dated 22.4.2015 passed by the aforesaid court. By this order dated 22.4.15 an application for getting opposite party no. 2 examined by a Medical Board to determine her sex has been rejected.

(3.) LEARNED counsel for the applicants has submitted that the marriage of applicant no. 1 with opposite party no. 2 was solemnised in the year 2005. The gauna ceremony took place in December, 2008. It was then discovered that opposite party no. 2 is not a woman, but an eunuch and that she is insane. Applicant no. no. 1 is the only son of his parents. The entire case is false and fabricated and is an abuse of the process of law. Although opposite party no. 2 is not a woman, on humanitarian grounds, the dissolution of the marriage was never sought. In support of his contention, learned counsel for the applicants has placed reliance upon an ultrasound report of Dr. AK Agarwal, MBBS, DMR, Radiologist, of Dr Arun's Diagnostic Centre. Reliance had also been placed on this very same report even before the court below.