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2020 Supreme(All) 767

RAM KRISHNA GAUTAM
Sarvesh Verma – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Anil Kumar Pandey

JUDGMENT :

1. Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

2. This application under Section 482 Cr.P.C. has been filed by applicants Smt. Sarvesh Verma (mother-in-law) and Vishambhar Dayal Verma (father-in-law) with a prayer for setting aside order dated 17.10.2019 passed in Complaint Case No. 533 of 2016, Smt. Rakhi Verma Vs. Smt. Sarvesh Verma and others, u/s 12 of the Protection of Women from Domestic Violence Act, 2005, pending in the court Special C.J.M., Agra, with a further prayer of staying further proceeding of above mentioned complaint case.

3. Learned counsel for the applicants argued that a preliminary objection was filed in the trial court with specific mention that husband of O.P. No. 2 has died and there was no joint property or Hindu Undivided Family Property entitling the deceased husband to inherit the same. Rather the alleged house was exclusively owned by applicant no. 1, Smt. Sarvesh Verma, as she purchased the same vide registered sale deed in her name and mother-in-law may not be entitled to maintain widowed daughter-in-law nor husband of O.P. No. 2 was entitled for any share in above house. Moreso, O.

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