Rajeev Misra, J. - (1.) This application under Section 482 Cr.P.C. has been filed challenging the Charge Sheet No. 367/15 dated 28.9.2015, submitted in Case Crime No. 95/2015 under sections 313/316/376/342/323/506 IPC, P.S. Kotwali Nagar, District Hathras as well as the consequential proceedings of Case No. 997 of 2016 (State Vs. Gaurav & Others) pending before the Chief Judicial Magistrate, Hathras.
(2.) I have heard Mr. Daya Shanker Mishra, learned Counsel assisted by Mr. Vikrant Neeraj, learned counsel for the applicants, learned A.G.A. for the State and Mr. Ashish Goyal, the learned counsel appearing for the opposite party no.2.
(3.) Brief facts giving rise to the present application under Section 482 Cr.P.C. may be summarized in a nut shell. The marriage of the applicant No. 1 Gaurav Sharda was solemnized with the opposite party No.2 Smt. Eti Maheshwari on 17.11.2000 at Hathras in accordance with the Hindu Rites and Customs. From the wedlock of the applicant no.1 and the opposite party No.2, a son Anant Sarda was born on 31.8.2012. The relationship between the applicant No.1 and his wife, the opposite party No.2 herein, with the passage of time, became incompatible. The applicant No.1 the husband filed a suit for a dicree of divorce in the Court of the Principal Judge, Family Court, Patna. The same was registered as Matrimonial Case No. 5278 of 2014 Gaurav Sharda Vs. Smt. Garima @ Eti.;