Applicant sought quashing of criminal complaint proceedings under Sections 323 and 504 IPC, alleging counterblast to FIR against husband. Court found prima facie merit, issued notice, stayed proceedings pending hearing.
Further proceedings of the Complaint Case stayed until further orders.
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Court No. - 78
Case :- APPLICATION U/S 482 No. - 26459 of 2024
Applicant :- Pooja Bharadwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Anil Kumar Pandey, learned counsel for the applicant and Shri Ashwani Kumar Rai, learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 16205 of 2023 (Vishal Sharma vs. Pooja Bharadwaj and others), under Sections 323, 504 IPC, P.S. Phase-3, District Gautam Budh Nagar as well as cognizance/summoning order dated 12.02.2024, pending in the court of IIIrd Additional Chief Judicial Magistrate, Gautam Budh Nagar.
Learned counsel for the applicant submits that the Complaint dated 01.08.2023 has been filed on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the applicant is wife of private opposite party no. 2. It is further submitted that the present complaint has been filed as a counter blast case of FIR of Case Crime No. 1114 of 2022, which has been lodged by the applicant against the private opposite party no. 2 on 20.12.2022, under Sections 498-A, 504, 323, 354(K), 506 IPC and Section 3, 4 of Dowry Prohibition Act.
Prima facie, matter requires consideration.
Notice on behalf of opposite party no. 1 has been been accepted by the learned A.G.A. for the State.
Issue notice to private opposite party no. 2 through C.J.M. concerned returnable at an early date.
Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter.
List after eight weeks.
Until further orders of this Court, further proceedings of aforesaid Complaint Case shall remain stayed against the applicant.
Order Date :- 6.9.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
2 provisions across 2 enactments
Pooja Bharadwaj
State of U.P.
Vishal Sharma
Sanjay Kumar Pachori
As recorded by the court registry
4 orders share this CNR
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