Allahabad High Court
Sahaj Ram Yadav @ Pappu And Ors. ... vs The State Of U.P And Anr. on 21 February, 2013
Author: Ajai Lamba
Bench: Ajai Lamba
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 757 of 2013 Petitioner :- Sahaj Ram Yadav @ Pappu And Ors. (Complaint Case) Respondent :- The State Of U.P And Anr. Petitioner Counsel :- Alok Saxena Respondent Counsel :- Govt. Advocate Hon'ble Ajai Lamba,J.
1. By way of this petition the petitioners pray for quashing of Complaint Case No.108 of 2012 under Sections 498A/323 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Faizabad, pending in the Court of Chief Judicial Magistrate, Faizabad.
2. Learned counsel for the petitioners contends that the petitioner no.1 was never married to respondent no.2. This fact is evident from the fact that the respondent no.2 does not even know that the father of petitioner no.1 had died in the year 1994. Despite such being the facts, averments have been made in the application filed by the respondent no.2 under Section 125 Cr.P.C. indicating that the father of petitioner no.1 was alive in the year 1999. It has also been pointed out that the factum of marriage has been disputed by the petitioner no.1 even in reply filed to the application under Section 125 Cr.P.C. It has been asserted that the petitioner no.1 is married to Mamta and has three issues out of wedlock. So far as respondent no.2 is concerned, there was only a proposal for marriage, which did not mature into marriage.
3. Issue notice to respondent no.2, returnable on 20.3.2013.
4. Further proceedings re the petitioner shall remain stayed till the next date of hearing.
5. Let petitioner no.1 and respondent no.2 remain present in the court on the next date of listing.
Order Date :- 21.2.2013 A.Nigam