The main submission of learned counsel for the applicants that opposite party no.2 is the wife of applicant no.1 and due to family dispute, both parties are living separately. Opposite party no.2 has filed a complaint case before Judicial Magistrate-II, Court No.18, Jaunpur numbered as 1025 of 2013 under Sections 498A, 323, 406, 504, 506 IPC and Section 3/4 D.P. Act, in that case applicants were summoned by the Trial Court. Applicants moved an application under Section 482 Cr.P.C. No.9796 of 2021, in which, Complaint Case No.4002 of 2017 (Sabbo Khatoon vs. Sufiyan) under Section 498A IPC Police Station Buxa, District Jaunpur, pending in court of Judicial Magistrate-II, Court No.18, Jaunpur, has been stayed on 25.08.2021. It is submitted that date of incident has been shown in both the cases, are the same i.e. 19.07.2013. After investigation, charge sheet has been filed. Learned counsel for the applicants has submitted that this Criminal Case No.47 of 2018 relating to Crime No.686 of 2013 be also quashed on ground that this criminal case and the complaint case, which was lodged by opposite party no.2, are for the same incident.
