MAMTA Vs. STATE OF U.P AND ANR.

JUDGEMENT

(1.) These petitions under Section 482 CrPC have been filed by the petitioners herein for quashing of Complaint Case No.1221 of 2012 'Mata Prasad Vs. Sheo Prasad and another', pending in the Court of Additional Chief Judicial Magistrate-III, Faizabad, whereby petitioner Sheo Prasad has been summoned under Sections 494 IPC. and petitioner Mamta has been summoned under Sections 494 and 109 IPC.

(2.) The complaint, under Section 190 CrPC, was filed by the complainant, the father of Aradhana, who was married to Sheo Prasad on 21.04.2000. The allegations in the complaint are that Sheo Prasad had thrown out his wife Aradhana from matrimonial home on 19.08.2009. The case for divorce was pending before the Competent Court, but in the meantime, petitioner Sheo Prasad got married the petitioner Mamta in November, 2010. The petitioners had been living as wife and husband. After recording statement of the complainant and three witnesses, including Aradhana, the learned trial Court has summoned the petitioners under the aforesaid sections of the IPC .

(3.) Heard Mr. Abdul Rafey Siddiqui, representing the petitioners in both the petitions as well as Mr. Anurag Varma, learned Additional Government Advocate, representing respondent-State and perused the petitions, including the Annexures attached therewith.