- (1.) This application under Section 482 Cr. P.C. has been filed for quashing of the summoning order dated 22.7.2015 as well as entire proceedings of complaint case no. 233 of 2015 (Premwati Vs. Lalaram and others), under Sections 452, 323, 504, 506 IPC, P. S. Khudaganj, district Shahjahanpur pending in the court of Additional Civil Judge (J.D.), Tilhar, Shahjahanpur
(2.) Submission of the learned counsel for the applicants is that present complaint has been filed on the basis of false facts. Learned Magistrate while passing the summoning order did not summon some of the accused thus the story narrated in the complaint was found false by the court itself. Complaint is also not supported by any medical evidence. Referring to the law laid down by the Hon'ble Supreme Court in State of Haryana Vs. Bhajan Lal, 1992 Supp1 SCC 335. It was submitted that present case was started in counter blast to the complaint made by the applicant against the husband of the opposite party no. 2. Therefore, proceedings of the aforesaid complaint is clearly misuse of process of law and cannot go on.
(3.) Learned A.G.A. opposed and argued that complainant/opposite party no. 2 herself has stated in the complaint that the dispute was pending between the parties before the incident and due to that reason present offence was committed by the applicant. It was further argued that present case does not come under the category described in the case of Bhajan Lal .;