- (1.) The instant application under Section 482 Cr.P.C. has been preferred for quashing the proceeding in Complaint Case No. 816 of 2008 under Sections 498-A, 323, 504 and 506 I.P.C., Police Station Kotwali District Auraiya (Smt. Mamta Devi vs. Sanjeev Kumar) pending in the Court of Chief Judicial Magistrate, Auraiya.
(2.) It is the contention of the applicant that the marriage of the applicant was solemnized with respondent no. 2-Smt. Mamta Srivastava under Hindu rituals on 17.02.2001. After some time, opposite party no. 2 deserted the applicant on the pretext of separate accommodation from her in-laws. The applicant has moved an application for conjugal rights under Section 9 of the Hindu Marriage Act to get the opposite party no. 2 back and notices were served upon her.
(3.) In counter-blast, applicant no. 2 filed complaint dated 26.06.2008 (Annexure-2) under Sections 498-A, 504 and 506 I.P.C. and under Section 13 of Domestic Violence Act in the Court of Chief Judicial Magistrate, Auraiya against the applicant and five other family members.;