- (1.) This Criminal Misc. Application under Section 482 Cr.P.C. has been preferred with the prayer to set aside the order dated 21.04.2016, passed by Additional Sessions Judge,Court No. 17, Lucknow, in Criminal Revision No. 28 of 2016 (Santosh Kumar Yadav and others vs. State of U.P. And another) arising out of order dated 03.11.2015, passed by Additional Chief Judicial Magistrate - Vth, Court No. 29, Lucknow and quashing of complaint dated 20.04.2015 in Criminal Misc. Case No. 1462 of 2015 (Smt.Sushma Yadav vs. Santosh Kumar and others), under Section 352, 498A, 457 I.P.C. and Section 4 D.P. Act, P.S. B.K.T., District Lucknow.
(2.) Counsel for the applicants has submitted that the present proceedings are nothing but abuse of the process of law. Opposite party no. 2 has left no stone unturned to harass the applicants. He has further submitted that in the garb of the application under Section 156(3) Cr.P.C., the opposite party has reopened the matter which could not have been reopened.
(3.) Brief facts are that the opposite party no. 2 was married to the applicant no. 1 namely Santosh Kumar Yadav on 06.03.2011. As per the averments of the applicants, the opposite party no. 2 deserted the applicant no. 1 on 11.09.2011 when she was pregnant. She gave birth to a male child on 14.01.2012.The child was concealed by the opposite party no. 2 whereupon the applicants moved a Habeas Corpus Petition no. 231 of 2012 in which an inquiry was ordered. In the Inquiry, it was made to understand that the son of applicant no. 1 had died. The aforesaid Habeas Corpus Petition was decided granting liberty to applicant no. 1 to lodge a first information report against opposite party no. 2 regarding murder of the child. At this, a case was registered against the opposite party no. 2 and her family members on the behest of applicant no. 1. The matter was investigated and it was revealed that the son of applicant no. 1 was alive who was given in the custody of applicant no. 1. During the course of inquiry, the opposite party no.2 and her parents have submitted a fabricated death certificate of the son of applicant no. 1 issued by Dileep Gupta in an order to pressurise the applicant no. 1 and to conceal her activities. The opposite party no. 2 moved a false and fabricated application under Section 156(3) Cr.P.C. before the concerned Magistrate, Lucknow which was rejected, vide order dated 15.04.2014. Against the aforesaid rejection order, the opposite party no. 2 preferred an application under Section 482 Cr.P.C., in which opposite party no. 2 was directed to file a complaint before the Magistrate. The opposite party no. 2 preferred a complaint which was registered and procedures under Section 200 and 202 Cr.P.C. were followed. On 01.11.2011, a compromise was entered into between the applicant no. 1 and opposite party no. 2, whereby the opposite party no. 2 obtained cash from the applicant no. 1 along with articles including motorcycle given at the time of marriage. After entering into the compromise as stated earlier, the first information report was lodged by the applicant no. 1 under the directions of the High Court which is pending after submission of charge sheet before the learned Magistrate and the instant complaint has been filed just to harass the applicants. A complaint and the statements of the witnesses speak about the falsity of the whole matter. The applicants Santosh Yadav, Muneshwar Yadav, Kusum Yadav and Pramod Yadav on the basis of complaint were summoned under Sections 352, 498A, 457 I.P.C. And 4 D.P. Act, while the applicants Raj Narayan Yadav, Priyanka Yadav and Virendra Yadav were summoned under Sections 498A I.P.C. And 4 D.P. Act.;