- (1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the opposite party no.2 and also learned counsel appearing for the State.
(2.) The F.I.R of Bariatu P.S case no.227 of 2010 instituted under Sections 323, 307 and 498A of the Indian Penal Code is being sought to be quashed on the ground that the same has been lodged much after accrual of the cause of action and also on the ground of prosecution being malicious as this case has been lodged after coming to know that an application has been filed for divorce by the petitioner no.1 against the informant.
(3.) Mr. Rajesh Kumar, learned counsel appearing for the petitioners submitted that it is the case of the prosecution that informant after getting married on 29.6.2009 to petitioner no.1 when came to in-laws' place, the accused persons from very next day started putting forth demand of dowry but surprisingly, the case has been lodged on 25.7.2010 when upon institution of the case for divorce, a notice was published in the newspaper Hindustan .;