- (1.) Counter affidavit filed today is taken on record. Heard learned Counsel for the applicants, learned Counsel for the complainant, learned AGA and perused the record. The present application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of complaint case No. 374 of 2013, under sections 376, 406, 417 and 420 IPC as well as summoning order dated 24.5.2014 passed by the ACJM, Court No. 7, Meerut, whereby applicants were summoned under sections 406, 417 and 420 IPC to face trial.
(2.) Learned Counsel for the applicants submitted that son of applicant No. 2 was married with daughter of complainant namely Priyanka Batra. There was some matrimonial dispute in between husband and wife. The First Information Report was lodged in which matter is pending under investigation under section 498A and D.P. Act and other sections. The impugned complaint has been filed with the allegation that husband of Smt. Priyanka Batra remarried somewhere else and it was disclosed by the applicants and co-accused. He further submitted that without any reliable evidence placed in support of the re-marriage impugned complaint was filed with vague allegation in which complaint is not only against the husband but even against the entire family including father-in-law, mother-in-law, unmarried sister-in-law, who are not concerned with the remarriage.
(3.) Learned Counsel for the complainant submitted that the applicants gave information regarding the remarriage and as such it is clear that they were also involved in the re-marriage and assisted Aditya Mehta for remarriage hence complaint is not liable to be quashed.;