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Neutral Citation No. - 2025:AHC:81998 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15900 of 2025 Applicant :- Janmejay Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pooja Chand Dwivedi,Saumya Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Pooja Chand Dwivedi, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the state.
2. The instant application has been filed to quash the entire proceeding of Case No. 38192 of 2022, case crime No. 191 of 2019, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Jahanabad, District Fatehpur, including the summoning order dated 5.9.2022 and charge sheet dated 18.4.2022.
3. Contention of learned counsel for the applicant is that the applicant is the husband of opposite party No.2 and he has been falsely implicated in the impugned proceeding which is counter blast to the divorce petition filed by the applicant on 14.3.2019. Therefore, the impugned, being malicious, deserves to be quashed.
4. Learned A.G.A. opposed the prayer and submitted that there is specific allegation against the applicant of continuously harassing and beating opposite party No.2. Therefore, the applicant is not entitled for any relief.
5. After considering the submissions of learned counsel for the parties and on perusal of the F.I.R., it is clear that there is specific allegation against the applicant of continuous harassment and beating opposite party No.2 on specific date and time. Therefore, the case for quashing the impugned proceeding at the instance of the applicant is not made out.
6. However, apart from this application, other family members have also filed Application u/s 482 Cr.P. No. 5445 of 2023 which was disposed of by order dated 11.4.2023, permitting the co- accused to appear before the court below and apply for bail.
7. In view of the above, this Court does not find any illegality in the impugned proceeding. Accordingly, the application is dismissed. Order Date :- 15.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad