A.M.SAPRE, INDU MALHOTRA
Jagdish Prasad – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed against the final judgment and order dated 13.09.2018 passed by the High Court of Judicature at Allahabad in an Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) bearing No.35595 of 2017 whereby the Single Judge dismissed the application filed by the appellants herein.
3. Few facts need mention hereinbelow to appreciate the short controversy involved in this appeal.
4. By impugned order, the learned Single Judge dismissed the appellants’ application filed under Section 482 of the Code wherein the challenge was to quash the order dated 21/09/2017 as well as entire proceedings in Complaint Case No.2540 of 2017 (Mamta vs. Jagdish Prasad & Ors.) under Sections 498-A and 323 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Sections 3 and 4 of Dowry Prohibition Act, 1961 Police Station Mahila Thana, District Hathras pending in the Court of Chief Judicial Magistrate, Hathras, U.P.
5. The short question, which arises for consideration in this appeal, is whether the High Court was justified in dismissing the appellants’ applications file
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