- (1.) Invoking Section 482 of the Code of Criminal Procedure, the petitioner, who has been charge-sheeted under Sections 498A/323/34 of the Indian Penal Code with two others, has approached this Court for quashing of the charge-sheet against him as well as challenged the order passed by the Court below rejecting his prayer for discharge.
(2.) Heard the learned Counsel appearing on behalf of the petitioner as well as the Learned Counsel appearing on behalf of the State and the learned advocate appearing on behalf of the defacto-complainant. Perused the Case Diary.
(3.) According to the Learned Counsel of the petitioner the impugned charge-sheet is liable to be quashed as far as the present petitioner is concerned, who happened to be the brother of the husband, on the following grounds; (a) No prima facie case of the alleged offence has been made out against him. (b) Taking the allegations made in the FIR as well as those appearing from the statement of the witnesses recorded under Section 161 of the Code, no offence has been made out against him. (c) Permitting the aforesaid criminal proceeding to continue against him would brings out a situation which is completely an abuse of process of Court. On the other hand, the prayer for quashing of the charge-sheet against the petitioner is vehemently opposed by the Learned Counsel of the State, who produced the Case Diary as well as by the Learned Counsel of the defacto-complainant.;