Vijay Lakshmi, J. - (1.) HEARD learned counsel for the applicant and learned AGA. The applicant by means of this application under section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court praying for quashing the entire proceedings of Complaint Case No. 571 of 2013, Sadhna Chaubey v. Rajni Jaiswal, under sections 420, 504, 506 I.P.C. pending in the Court of A.C.J.M. 6th, Varanasi, as well as the summoning order dated 11.6.2013 passed in the aforesaid case.
(2.) LEARNED Counsel for the applicant has submitted that the application under section 156(3) Cr.P.C. moved by O.P. No. 2 was treated as a Complaint Case by the learned Magistrate, who after recording statements under sections 200 and 202 Cr.P.C. summoned the applicant vide order dated 11.6.2013. The applicant could not know about it and for the first time in May 2015 when local police visited her office then after enquiry the applicant knew about the pendency of aforesaid case and found that bailable warrant has been issued against her. It has been further submitted that whatever amount had been paid by O.P. No. 2, has already been returned by the applicant to her and thus no offence is made out against the applicant, therefore, proceedings of the Complaint Case may be quashed. The record shows that the complainant and the witnesses have been examined under section 200 and 202 Cr.P.C. and they have supported the prosecution story.
(3.) THE witnesses have clearly stated that out of the total amount only Rs. 2,70,000/ - have been returned by applicant and a sum of about Rs. 5 Lacs is still due on her.;