SMT. RAJESHWARI ASTHANA AND ORS. v. THE STATE OF U.P AND ORS.
A482/3901/2015 · 2025-01-06
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141367 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141367 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:705 Court No. - 18 Case :- APPLICATION U/S 482 No. - 3901 of 2015 Applicant :- Smt. Rajeshwari Asthana And Ors. Opposite Party :- The State Of U.P And Ors. Counsel for Applicant :- Himanshu Raghave Counsel for Opposite Party :- Govt. Advocate Hon'ble Manoj Bajaj,J. Applicants have approached this Court through this application under Section 482 Code of Criminal Procedure for quashing of the charge sheet dated 22.6.2008 and the entire proceedings of Case Crime No. 165 of 2008, under Sections 392, 147, 452, 427, 323, 504, 506 I.P.C., registered at Police Station Krishna Nagar, District Lucknow. During the course of hearing, it is fairly stated by learned counsel for applicants that prior to the registration of the impugned F.I.R. at the instance of of opposite party no.3 (daughter-in-law of applicant no.1), two criminal cases were also registered against the complainant-opposite party no.3, on the basis of the complaint given by applicant no.1. Apparently, the parties are related as mother-in-law and daughter-in-law, who have levelled accusations against each other, and when the learned counsel was confronted with the maintainability of the application under Section 482 Cr.P.C. only in respect of the case registered at the instance of opposite party no.3, as the application is based upon disputed facts,
learned counsel for applicants prays for withdrawal of the application in order to avail the alternative remedy in accordance with law. At this stage, Mr. Himanshu Raghave, learned counsel for applicants has drawn the attention of the Court to the order dated 17.8.2015 passed by this Court to contend that in compliance of the order dated 17.8.2015 the requisite amount of Rs.15,000/- was deposited, but the opposite party no.3 has never responded to the said order, much less to contest the application. He prays that the amount be refunded. Ordered accordingly.
Order Date :- 6.1.2025 P.S. Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad, Lucknow Bench