Jagdish vs Preetam Singh

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the Petitioner has sought quashing of the proceedings of Criminal Complaint Case No. 1487 of 2010; Preetam Singh v. Jagdish, relating to offences punishable u/s 452, 323, 504, 506 of I.P.C., pending in the court of Addl. Chief Judicial Magistrate, Kashipur.

Learned Counsel for the Petitioner submitted that it is grave abuse of process of law on the part of the complainant to initiate the proceedings against the Petitioner, who is brother-in-law (SADHU) of the complainant. Admittedly, the complainant got married to sister-in-law of the Petitioner, and there was some matrimonial discord between the two. Due to said reason the impugned criminal complaint has been filed against the Petitioner, his wife, and mother-in-law of the complainant.

Admit the petition.

Issue notices to Respondent Preetam Singh, who may file his counter affidavit, within a period of four weeks.

Having considered submissions of learned Counsel for the Petitioner and after going through the papers on record, as an interim measure, it is directed that the proceedings of the criminal complaint case No. 1487 of 2010, Preetam Singh v. Jagdish, relating to offences punishable u/s 452, 323, 504, 506 of I.P.C., pending in the court of Addl. Chief Judicial Magistrate, Kashipur, shall remain stayed, till the next date of listing.

List after four weeks.