PHIRARI SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant has filed this application under S.482, Cr. P.C. praying for quashing the impugned orders dated 21-12-1982 and 12-7-1983 passed by X Additional Munsif Magistrate, Gorakhpur and VII Addl. Sessions Judge, Gorakhpur, respectively and also for dismissing the application filed by the Opp. Party 2 under S.125, Cr. P.C.

(2.) The facts in a narrow compass are that there is a long standing enmity between the applicant on the one side and the father and uncle of the opp. party 2 Smt. Ramawati Devi (daughter of Ram Samujh) on the other so much so that criminal cases and civil suits were filed by either of the parties since the year 1975. Sri Udai Raj Singh, nephew of the applicant was successfully elected Block Pramukh in successive elections since long, though father and uncle of opp. party 2 had supported rival candidate against Udairaj Singh. Panchoo alias Prem Narain, uncle of opp. party 2 was a notorious person and had been dismissed from the U.P. Police Service on serious charges.

(3.) On account of strained relationship and bitter feud between the parties Ram Samujh, father of opp. party 2 and Panehoo alias Prem Narain got an application filed under S.125, Cr. P.C. by opp. party 2 against the applicant. It was alleged that about 2 years' back opp. party 2 was married with the applicant and she became pregnant but on her refusal to get an abortion done she was turned out of the house by the applicant.