SHIV MANGAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1, Sri Ramesh Chandra Mishra, learned counsel for the opposite party no.2 and perused the record with the assistance of learned counsel for the parties.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned order dated 14.10.2018, whereby N.B.W. has been issued against the applicants and proceedings of criminal case no. 1898 of 2013 (State Vs. Shiv Mangal and others) arising out of case crime no. 209 of 2007, under Sections 498A, 323, 506 IPC and -? D.P. Act, Police Station Holagarh, District Allahabad pending in the Court of Additional Chief Judicial Magistrate-V, Allahabad.

(3.) Filtering out unnecessary details, the basic facts of the case, in brief, which are necessary for disposal of this case are that there is a matrimonial dispute between the applicants and opposite party No.2. Applicant no.1 is husband, applicant nos. 2, 3 and 4 are brothers-in-law and applicant nos. 5, 6 and 7 are sisters-in-law of the opposite party no.2 (Smt. Shiv Laxmi wife of Shiv Mangal). The marriage of applicant no.1 was solemnized on 24.04.1998 with the opposite party no.2, but their marriage was not successful, as a result thereof, opposite party no.2 lodged FIR dated 26.12.2007 against the applicants registered as case crime no.209 of 2007, under Sections 498A, 323, 506 IPC and -? D.P. Act making allegations of her harassment and torture by the accused persons in her matrimonial home. Thereafter, charge-sheet was submitted on 19.1.2008 and the Magistrate concerned took cognizance on 20.03.2008. After framing of charge, a joint compromise application has been filed by the applicant no.1 (husband) and opposite party no.2 (wife) before the trial court praying therein to decide the case in terms of compromise. Thereafter, the opposite party no.2 appeared in the trial and her statement was recorded on 15.07.2009, in which she has not supported the prosecution case, therefore, she has been declared hostile by the prosecution. The certified copy of joint application dated 15.07.2009 and statement dated 15.07.2009 of victim/opposite party no.2 (wife of applicant no.1) have been appended as Annexure no.4 to the application.