MUKESH KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sameer Jain, learned counsel for the applicants and Sri Amit Kumar Singh, learned A.G.A. for the State.

(2.) The present application has been filed with a prayer to quash the proceedings of Case No. 5231 of 2012, under Sections 147, 452, 352, 504 and 506 IPC pending in the court of Additional Chief Judicial Magistrate,VI, Varanasi.

(3.) The main arguments made by the learned counsel for the applicants is that the accused-applicants have been falsely implicated by opposite party no. 2, who is real brother of the accused-applicant no. 3, while accused-applicant nos. 1 and 2 are sons of the accused-applicant no. 3 and accused-applicant nos. 4 to 6 are stated to be the companions of other co-accused, who are stated to have been involved in giving effect to the present occurrence falsely. In fact, no such occurrence has ever taken place. There is a dispute pertaining to a will between two sides and as many as 17 criminal as well as civil cases are going on between them. Out of 17 cases, about 4 to 5 cases are of criminal nature, which all are false. As regards merit of the case it is further argued that this is nothing but a malicious prosecution because in order to create pressure in the civil case, this case is slapped against the applicants and since accused-applicant nos. 1 to 3 and opposite party no. 2 are living in the same house, offence u/s 452 IPC would not be made out. As regards offences under Section 504 and 506 IPC, it is argued that they are ornamental sections and no such abusive words have been indicated in the F.I.R., which were used by the accused side against the opposite party no. 2.