Naheed Ara Moonis, J. - (1.) HEARD learned counsel for the applicants and the learned AGA and have taken through the record. By means of the present application under Section 482 Cr. P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the charge sheet of case crime No. 188 of 2013 under Sections 498A/323/504/506 IPC, P.S. Akbarpur, District Kanpur Dehat pending in the court of Chief Judicial Magistrate Kanpur Dehat.
(2.) IT is contended by learned counsel for the applicants that the applicants are maliciously being prosecuted by the opposite party No. 2 on the false allegations made in the first information report. There was no demand of dowry by the applicants. The applicant No. 3 is the husband. The applicants No. 1 & 2 are Nand & Nandoi. The opposite party No. 2 has also filed the application under section 125 Cr. P.C. for maintenance. The investigating officer has submitted the charge sheet in very casual and pedantic way. Per contra learned AGA contended that the investigation was done in a fair and impartial manner and the investigating agency collected credible and clinching material on the basis of which charge sheet was submitted. The opposite party No. 2 is the legally wedded wife of the applicant No. 3. She has been facing untold hardship and privation on account of maltreatment and cruelty extended by the applicants. The opposite party No. 2 has no source of survival hence she has rightly chosen the forum by filing the application for interim maintenance.
(3.) FROM the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that no offence has been made out against the applicants. Cognizance taken by the trial court, whereby the applicants have been summoned to face the trial suffers from no illegality and as such the prayer for quashing the proceedings is refused.;