Smt. Jyoti Varma and Another Vs State of U.P. and Another

Court No. - 48

Case :- APPLICATION U/S 482 No. - 24286 of 2018

Applicant :- Smt. Jyoti Varma And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Karuna Nand Bajpayee,J.

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This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings in Complaint Case No.2772 of 2018, Smt. Neha vs. Pradeep Jayrath and others, u/s 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Hari Parwat, District-Agra, pending in the court of Ist Additional Chief Judicial Magistrate court no.1 Agra.

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Heard learned Shri Divyansh Dubey holding brief of Shri Ajay Dubey, learned counsel for the applicants and learned A.G.A. Perused the record.

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It is apparent from the contentions raised by the counsel for the applicants and also from the perusal of the grounds taken in the application that most of them are related to disputed questions of fact. All the pleas in defence which have been raised, both factual and legal, can be adequately gone into by the court below itself. The court below, which is seized with the matter, can more appropriately look into the same and adjudicate more appropriately upon them. There is no justification to pre-empt the regular proceedings by invoking the inherent jurisdiction of this court under section 482 of Cr.P.C. In any view of the matter, from the perusal of the record and the impugned proceedings, it is found that there is no such glaring abuse of court's process which may justify to make interference in the same.

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The application being sans merit stands dismissed.

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Order Date :- 25.7.2018 shiv

Smt. Jyoti Varma and Another v. State of U.P. and Another

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Smt. Jyoti Varma and Another v. State of U.P. and Another

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