RADHA, W/O SAPAN ADHIKARI Vs. STATE OF UTTARAKHAND THROUGH SECRETARY
LAWS(UTN)-2013-2-7
HIGH COURT OF UTTARAKHAND
Decided on February 13,2013

Pradeep @ Kallu S/O Keshav Das,Keshav Das S/O Nitai Das,Radha, W/O Sapan Adhikari Appellant
VERSUS
STATE OF UTTARAKHAND THROUGH SECRETARY,Sapan Adhikari S/O Mohan Lal Adhikari Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) URGENCY application no. 794 of 2013 is allowed.
(2.) HEARD . By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioners have sought quashing of the proceedings of Criminal Complaint Case no. 319 of 2011, Sapan Adhikari vs. Radha and others, relating to offences punishable under section 452, 323, 504, 506 IPC, pending in the court of I Additional Civil Judge (Jr. Div.)/ Judicial Magistrate, Rudrapur, District Udham Singh Nagar.
(3.) LEARNED counsel for the petitioners submitted that petitioner no. 1 is admittedly wife of respondent no. 2 (complainant). It is further submitted that petitioner no. 2 and petitioner no. 3 are the neighbours of the petitioner no. 1. It is argued that after the matrimonial discord with the respondent no. 2 since the petitioner no. 1 is not living with him, he (respondent no. 2) has made false complaint against the petitioner no. 1 to harass her and her neighbours. It is contended that it is nothing but abuse of process of law.;


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