- (1.) This is an application under Section 482 Cr. P.C. with the prayer to quash the order dated 5.10.2015 passed by the learned Additional Sessions Judge, Court No. 8, Bareilly in Criminal Revision No.323 of 2014 (Shashank Sharma and others Vs. State of U. P. and another) and the order dated 23.6.2014 passed by the Additional Chief Judicial Magistrate, Court No.1, Bareilly in case no. 1389 of 2012 (Smt. Reena Sharma Vs. Shashank Sharma and others) under Section 498-A, 323, 506 IPC and Section 3/ 4 Dowry Prohibition Act, Police Station Baradari, district Bareilly.
(2.) Submission of the learned counsel for the applicants is that discharge application was moved in compliance of the direction of this Court passed in Application under Section 482 No. 5089 of 2014. The court concerned dealing with the matter did not consider the fact raised in the discharge application in right perspective and rejected the application. Parties had entered into compromise earlier and they were living separately. Complaint was not maintainable. Applicants have no concern with the present offence. Thus challenging the jurisdiction of the court concerned prayer has been made to allow the application and to set aside the entire proceedings of the aforesaid complaint case.
(3.) Learned A.G.A. opposed the prayer and argued that while rejecting the discharge application the concerned Magistrate has considered the fact raised by the applicant. It cannot be said that discharge application was rejected only on this point that court concerned has no jurisdiction to entertain the discharge application. There is no illegality or infirmity in the impugned order.;