- (1.) Heard Sri C. P. Gupta holding brief of Sri Raghavendra Dwivedi learned counsel for the applicants and the learned A.G.A. for the State of U.P.
(2.) This petition has been filed by the applicants for quashing the order dated 04.07.2007 passed by the A.C.J. (J.D.), Room No. 10, Allahabad in Criminal Case No. 2733 of 2007 (Renu Vs. Rakesh Gautam and other) under Section 498-A I.P.C. and Section 3/4 D. P. Act and to quash the entire proceedings arising out thereof.
(3.) On 12.12.2007 following order has been passed: "Heard Sri Raghavendra Dwivedi, learned counsel for the applicants and the learned A.G.A. and also perused the record. It is said that opposite party no. 2 brought a suit for divorce under Section 13 of the Hindu Marriage Act with the allegation that her husband Sri Rakesh Kumar to be impotent. With the counter allegations a separate divorce proceedings was brought by applicant no. 1 but thereafter with a view to harass the applicants an application was given to the Circle Officer on 30th May 2006 wherein the police after investigation submitted that no such offence has been made. Thereafter an application under Section 156(3) of the Code of Criminal Proceedings was moved by opposite party no. 2 and that too was found to be not correct and the police submitted final report in it. It was subsequently treated as complaint case and evidence was recorded and summons were issued against the applicants. It is said all to be malafide proceedings. Issue notice to opposite party no. 2. Let counter affidavit be filed within four weeks. List it on 25th January 2008. Till that date, the proceedings of Criminal Case No. 2733 of 2007 (Renu Vs. Rakesh Gautam & others) pending in the court of the learned Additional Civil Judge (Junior Division), Room No. 10, Allahabad shall remain stayed.";