PREM RASTOGI SMT Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This is a petition under Section 482, Cr. P. C. to quash the proceedings of case No. 747 of 1999 against the applicants pending in the Court of C. J. M. , Farukkhabad and also to quash the non-bailable warrants issued against the applicants. The facts giving rise to this petition are as follows:

(2.) THE husband of applicant No. 1, Sri. Bhagwan Das Rastogi had two sons namely, Manoj Rastogi and Atul Rastogi. THE applicant No. 2 is the wife of Manoj Rastogi. THE second son, Atul Rastogi was married to opposite party No. 3 of 30-11-1995. That after the marriage with op posite party No. 3, she came to the house of the appellants, it transpired that she is not a normal lady of sound mind but is a chronic patient of mental disorder and is suffering with disease schizophrenia. That accordingly, her parents were informed. THE father of opposite party No. 3 is a Senior Judicial Officer, presently posted as District Judge. THEy took the opposite party No. 3 on 5-12-1995. That the mar riage was performed by suppressing the facts and therefore, a Matrimonial Suit No. 4 of 1996 was filed on 1-1-1996 by the husband of opposite party No. 3 to declare the marriage as void on the ground of insanity of the opposite party No. 3. In that suit the opposite party No 3 has been directed to pay the maintenance and her husband is paying the maintenance regularly and till now paid about Rs. 90,000.

(3.) I have heard Sri R. B. Sahai, learned Counsel for the applicants, Sri S. C. Verma, learned Counsel for opposite party No. 3 and the learned A. G. A. and have gone through the record.