- (1.) In complaint case no. 1298 of 2013 (Sanjay Singh Vs. Yogeshwar Mishra & others), the court of Special Chief Judicial Magistrate, Allahabad had passed order dated 6.11.2013, of cognizance and summoning of applicants Yogeshwar Mishra and Chandr Prabha Mishra for offences u/ss 504 and 506 IPC. The proceedings of said complaint case was challenged through application u/s 482 CrPC No. 5844 of 2015 with request for quashing entire proceedings of said case. This application was disposed of by order dated 26.2.215 this Court, by which relief sought for quashing of the proceedings of said case, but it was observed that if accused feels appropriate, he may avail relief through application u/s 245(2) CrPC before trial court. After it applicants moved application dated 3.4.2015 for their discharge. After affording opportunity of hearing to parties trial court had dismissed said application by it's order dated 30.6.2015.
(2.) Said order dated 30.6.2015 and entire proceedings of aforesaid complaint case has been challenged again by same applicants through present application u/s 482 CrPC.
(3.) Learned counsel for the applicants contended that complaint was filed on the basis of incorrect facts, because daughter of applicant no.-2 was never married with complainant (present opposite party no.-2). He further pointed out that there are other criminal proceedings going on against opposite party no.-2, in which he is absconding and is not even appearing in proceedings u/s 9 of the Hindu Marriage Act initiated by him. His submission is that prosecution is malicious and is based on incorrect facts, therefore, the proceedings of said complaint case should be quashed.;