M. Wahajuddin, J. - (1.) Criminal Misc. Application No. 8206 of 1982, for final hearing, has been preferred by Smt. Kamla Kumari, while Criminal Misc. Applications Nos. 2986 of 1983, 8337 of 1983 and 2775 of 1981 have been preferred by Pan Singh and others, Uma Shanker & others and Hari Shanker and others respectively and are for admission. In all these cases a common question of law is involved, so they are disposed of together.
(2.) One of the points raised in them by the concerned applicants is that Section 17 of the Hindu Marriage Act is ultra vires, and that section and Section 494, IPC, read together are violative of the Constitution.
(3.) Criminal Misc. Case No. 8207 of 1982 is for quashing the entire proceeding arising out of criminal case No. 496 of 1982, pending in the court of IV Judicial Magistrate, Hathras. The case is under Section 494, IPC. It would appear that the applicant has been summoned under Section , IPC, on a complaint of Mohan Lal, opposite party. It is maintained that the petitioner also filed a complaint under Sections 177, 323, 452 and 504, IPC against Mohan Lal and others and the accused persons in that case were summoned, and Mohan Lal has filed the complaint Under Section 494, IPC just as a counter blast. In addition to that the vires of Section 17 of the Hindu Marriage Act and Section 494, IPC has been challenged.;