- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Complaint Case No. 545 of 2014 (Smt. Saira Vs. Rashid and others) under Section 452, 354, 324, 506 IPC, Police Station Deoband, District - Saharanpur pending in the court of Additional Chief Judicial Magistrate, Deoband, Saharanpur. Further prayer has been made to stay the further proceedings of the aforesaid complaint case.
(2.) Heard Sri Manoj Vashisth, learned counsel for the applicants and learned A.G.A. for the State.
(3.) It was submitted by the learned counsel for the applicants that earlier an F.I.R was lodged against the husband of opposite party no.2 and two others from the side of the applicants and as a counter blast, this false complaint has now been lodged by opposite party no.2. No offence ever took place as alleged in the complaint. It was further contended that after submission of the final report in the matter, protest petition was filed, which was treated as a complaint and evidence was recorded. Summoning order passed against the applicants is bad in the eye of law. From the version of the complaint as well as statement of witnesses, offence under the aforesaid Sections is not made out against the applicants. No specific allegation has been levelled against the applicants except applicant no.1 Rashid. It is a malicious prosecution and complaint is an abuse of process of law.;