Karuna Nand Bajpayee - (1.) This application u/s 482 Cr.P.C. has been filed seeking the quashing of entire proceedings arising out of Case No. 662 of 2003, under sections 420/ 406 I.P.C., Police Station- Rajpur, District- Kanpur Dehat (Noore @ Noor Hasan vs. Multan and others) pending in the Court of Civil Judge (J.D.) Bhaganipur, Kanpur Dehat.
(2.) Heard learned counsel for the applicants.
(3.) Submission of the applicants' counsel is that the complaint in question has been lodged with express mala fides only in order to add harassment to the applicants and in order to add coercive pressure upon the applicants not to pursue the matter against the opposite party which it was facing. It was pointed out that applicant no.4, Anwar Jahan was married to one Mohammad Obaid, son of opposite party no.2. Anwar Jahan was very badly treated by her husband and in-laws and because of the same a case under section 498A etc. had to be filed. Apart from this a case of refusal to maintain her under section 125 Cr.P.C. was also brought in the Court on behalf of applicant no.4, Anwar Jahan. Submission is that the proceedings of 125 Cr.P.C. was initiated on 16.4.2002 while the case under section 498A etc. was brought against the opposite party no.2 on 1.10.2002. Reliance in this regard was placed on Annexure No.1 and 2 of the application which are the copies of application under section 125 Cr.P.C. and complaint filed against the husband side. Further submission is that a lot of pressure was exercised upon the applicants that they should not pursue the matter and should enter into compromise but as Anwar Jahan was subjected to enormous cruelty the applicants did not buckle down and decided to pursue the matter against husband side against all odds. Indignated by the same the opposite party has used the present complaint case as an arm twisting device out of ire and vengeance. Submission is that malice behind the complaint is apparent on the face of record and in view of the Apex Court's decision given in Bhajanlal's case, the proceedings against applicants ought to be quashed in the wake of mala fides which are demonstrable in this case. The improbability of the allegations and the story given out in the complaint was also emphasized by the counsel. It has also been pointed out that the alleged jewellery said to have been taken away by Anwar Jahan was her own streedhan as per the allegations made in the complaint and it would hardly constitute any offence if she took it.;