SUMIT AGARWAL Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party No.1 and learned counsel for 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 charge-sheet no. 22 of 2015 dated 18.05.2015 arising out of Case Crime No. 02 of 2015 and proceedings of case no. 6752 of 2017 (State Vs. Sumit Agarwal and others), under Sections 498A, 323, 504, 506 IPC and ? D.P. Act, Police Station Shivkuti, District -Prayagraj (Allahabad) pending in the court of A.C.J.M., Court No.10, Allahabad.

(3.) Filtering out unnecessary details, the basic facts, 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 It is submitted by learned counsel for the applicants that applicant no.1 is husband, applicant no.2 is father-in-law, applicant no.3 is brother-in-law and applicant no.4 is sister of mother-in-law of the opposite party no.2. Marriage of applicant no.1 was solemnized on 11.05.2014 with opposite party no.2, but their marriage was not successful, as a result thereof, opposite party no.2 lodged FIR on 4.1.2015 against the applicants and her mother-in-law making allegations of her harassment and torture by the accused persons adopting different modus operandi registered as case crime no. 0002 of 2015 under Sections 498A, 323, 504, 506 IPC and ? D.P. Act at Police Station Shivkuti, District Allahabad, in which charge-sheet was submitted on 18.05.2015, on which Magistrate concerned took cognizance on 08.11.2017.