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2017 Supreme(All) 1425

NAHEED ARA MOONIS
Bhoop Ram @ Bhupendra Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Sunil Kumar Srivastava
For the Respondent: G.A., K.N.Tripathi

JUDGMENT

Naheed Ara Moonis,J.

Heard learned counsel for the applicants, Sri K.N.Tripathi, learned counsel appearing for the opposite party no.2, and learned A.G.A. for the State.

By means of the present application under Section 4 82 Cr.P.C., the applicants have prayed for quashing the proceeding pursuant to the summoning order dated 10.1.2013 passed by the learned Civil Judge (Junior Division)/Judicial Magistrate, Pilibhitl in Complaint Case No.687 of 2012, Smt. Khilauna Devi Vs. Bhoop Ram and another, under Sections 498-A IPC and under Section 4 Dowry Dowry Prohibition Act, P.S. Sehramau, District Pilibhit.

A short counter affidavit filed on behalf of the opposite party no.2 pursuant to the order dated 9.2.2017 is taken on record. It has been mentioned in the short counter affidavit that the opposite party no.2 is the legally wedded wife of applicant no.1 and they are now residing together and out of the wedlock one male child was born in 2015 and there is no differences between them. It is further mentioned that the opposite party no.2 is living cheerful marital life and as such the opposite party no.2 does not want to prosecute the applicants anymore. The opposite party no.2 has no





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