MANJU RANI CHAUHAN,J. - (1.) Heard Mr. Abhishek Tripathi, learned counsel for the applicant, Mr. Manish Joshi, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
(2.) The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 30.12.2018 and cognizance order dated 26.02.2019 as well as the further proceeding of Case No. 7527 of 2019 (State of U.P. Vs. Nitin Kumar Sharma) arising out of Case Crime No. 2773 of 2018, under Sections 504, 506, 507 I.P.C., Police Station-Kavi Nagar, District Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.
(3.) It has been submitted by the learned counsel for the applicant that due to matrimonial dispute between the parties, the present F.I.R. has been lodged by the opposite party no.2 Shruti Shukla (wife) against her husband, namely, Nitin Kumar Sharma (applicant herein) with the allegations that her marriage was solemnized on 28.02.2017 with the applicant and there was certain matrimonial dispute between them. She has further alleged that in the month of July, 2018, when the opposite party no.2 (wife) was at her parents' place, the applicant made certain video calls to her but because of strained relations between the two, she did not receive any calls. Thereafter, on 12.07.2018 at about 09:30 a.m., the applicant again made 7-8 telephonic calls from his mobile number 9711955598 to her mobile number 9560224612 and when she received the call, he started abusing her and her parents, hence, she immediately disconnected the phone, however, the applicant continuously made telephonic calls and threatened her for which she moved an application before the learned Chief Judicial Magistrate concerned for investigation of the matter. Pursuant to which, the learned Magistrate vide order dated 07.12.2018 directed the S.H.O. concerned to investigate the matter and thereafter, the present F.I.R. has been lodged against the applicant, which was registered as Case Crime no. 2773 of 2018, under Sections 504, 506, 507 I.P.C.;