UMA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This is an application filed under Section 482 Cr. P. C. to quash the proceeding in case No. 376 of 2003, Prem Lata v. Uma Shanker and Ors. , under Sections 498-A, 323, 504, 506 IPC, P. S. Shivli, District Kanpur Dehat, pending in the Court of Judicial Magistrate, 1st Class, Kanpur Dehat.

(2.) HEARD learned Counsel for the applicants, learned Counsel for the opposite party No. 2, learned A. G. A. and perused the record including the counter and rejoinder affidavits.

(3.) ACCORDING to the applicants, after one month of the marriage, the opposite party No. 2 and her husband Amar Singh started living separately. The applicant No. 1 purchased two bighas land in the name of applicant Nos. 2 and 3 but in that land no share was given to Amar Singh and this annoyed the opposite party No. 2, who with mala fide intention and under motivation of her husband Amar Singh and in order to harass the applicants, moved an application in the Court under Section 156 (3) Cr. P. C. On that application case was registered but after finding the allegation false, final report was submitted. ACCORDING to applicants the road Roller was purchased by applicant No. 1 and was given to husband of opposite party No. 2 and no fixed deposit receipt for Rs. 25,000 in the name of opposite party No. 2 was given to the applicant No. 1. Applicant No. 1 purchased the road roller in partnership with one Majeed for Rs. 2. 20 lacs from Ruby Road Roller Suppliers, New Delhi, on 3-2-1997 i. e. before the marriage. The applicants denied that they harassed or beat the opposite party No. 2 and turned her out of the house. ACCORDING to the applicants, the complaint has been made with totally absurd and inherently improbable allegations and is abuse of the process of the Court and if it proceeds, they would be put to irreparable loss.