- (1.) LIST has been revised. Despite being served, none has put his appearance on behalf of the opposite party no. 2, Anjum Bano.
(2.) HEARD learned counsel for the applicants and Smt. Madhulika Yadav, learned A.G.A. for the State.
(3.) THE applicants, by means of this application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash their prosecution in Criminal Case no. 594 of 2012 (Anjum Bano vs. Mohd. Naseem and others), under Sections 498A and 323 I.P.C., P.S. Dhammaur, district - Sultanpur, as well as the summoning order dated 19.07.2013 passed by the learned Additional Chief Judicial Magistrate, court no. 17, Sultanpur. Learned counsel for the applicants submitted that the appellant no. 1, Mohd. Naim is the father -in -law aged about 90 years, petitioner no. 2, Sahamat Ali is the brother -in -law (Jeth), petitioner no. 3, Tasleem is the brother -in -law (Devar), petitioner no. 4, Annesul is the sister -in -law (Jethani) and petitioner no. 5, Nasreen @ Naseemul Nisha is the sister in law (married nanad) of the opposite party no. 2, Anjum Bano.? He further submitted that marriage between the opposite party no. 2, Anjum Bano and Mohd. Naseem, s/o applicant no. 1, brother of applicant nos. 2, 3 and 5 and devar of applicant no. 4 was solemnized on 7th June, 1999.? The opposite party no. 2 along with her children left her matrimonial home on 30.03.2012 and started living with her parents and refused to return back to her matrimonial home which compelled her husband, Mohd Naseem to file a suit against her in the court of Civil Judge (S.D.), South, court no. 24, Sultanpur on 12.04.2012 for restitution of conjugal rights which was registered as Original Suit No. 471 of 2012 and is still pending.;