- (1.) Heard learned counsel for the applicants and opposite party no. 2 and learned AGA for the State.
(2.) This application under section 482 Cr.P.C. was preferred for quashing the proceedings of complaint case No. 1037/ 2012 Poonam Singh v. Rajesh Kumar Singh & others u/ss 494, 498-A, 323, 504, 506 IPC & section 3/4 D.P. Act pending in the court of Judicial Magistrate (/Addl. Civil Judge, J.D.- II), Mirzapur.
(3.) From the perusal of record and even FIR the admitted prosecution case is that the altercation between the parties after some time of marriage which was alleged as mental cruelty in the FIR. Then informant (OP no.-2 wife Poonam Singh) sensed that there was conspiracy in her husband's house, so she deserted the place. Her allegation was that her husband Rajesh had performed second marriage. Her application u/s 156(3) was registered as complaint case in which after her statement u/s 200 CrPC and statements of two witnesses u/s 202 CrPC four persons were summoned for offences u/ss 498-A, 323, 504, 506 IPC. Proceeding ofconcerned complaint case has been challenged in present petition u/s 482 CrPC by all accused.;