Court No. - 72
Case :- APPLICATION U/S 482 No. - 35004 of 2017 Applicant :- Mohammad Said And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Markanday Rai Counsel for Opposite Party :- G.A.,Anil Kumar Verma,Tarkeshwar Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Markanday Rai, learned counsel for the applicants; Sri Tarkeshwar Mishra, learned counsel for the opposite party no.2 and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 16.06.2016 as well as the entire proceedings of Complaint Case No. 4155 of 2015 (Ali Ahmad Vs. Mohammad Said & Ors.), under Sections- 323, 504, 506 I.P.C., Police Station- Khesraha, District- Siddharth Nagar, pending in the court of Judicial Magistrate/Civil Judge (Jr. Div.), Sant Kabir Nagar.
3. Learned counsel for the applicants submits that undisputedly there is matrimonial discord between the opposite party no.2 and daughter of applicant no.1 (Zubaida Khatoon). Applicant nos.2 to 4 are brothers of the said Zubaida Khatoon. Then, it has been submitted that arising from matrimonial discord, earlier, Zubaida Khatoon had lodged an FIR against the opposite party no.2 and his family members in case crime no.28 of 2008 under Sections 498A, 323, 504, 506, 392 IPC read with Section 3/4 D.P. Act.
4. It is in this context, it has been submitted that though a final report had been submitted in the earlier FIR, motivated by the same and seeking to take vengeance, a wholly false and frivolous criminal complaint has been lodged against the applicants.
5. Reference has been made to the allegations made in the complaint supported by statements recorded under Section 200 & 202 Cr.P.C. Perusal of the same reveals that the statement are of the complainant and his mother and a villager who is also stated to have gone with the opposite party no.2 for talks with the applicants to reach terms of compromise with respect to matrimonial discord between the daughter of applicant no.1 and opposite party no.2.
6. While that incident is alleged to have taken place in an open public place namely a bus stand, there is a complete absence of any independent witness. Then, it has been submitted, there is no injury report in support of the allegations made.
7. Learned counsel for the opposite party no.2 on the other hand submits that a detailed narration of fact allegations has been made in the complaint. Perusal of that complaint reveals that ingredients of offence alleged are made out. In view of the statements recorded under Sections 200 & 202 Cr.P.C., there is no warrant for interference, at this stage of the proceedings.
8. Having heard learned counsel for the parties and having perused the record, while plain reading of the complaint and FIR in isolation may appear to contain some ingredients of the offence alleged, however, it is difficult to adopt such a process in a case such as the present is a case where preceding matrimonial discord acrimony between the parties is undisputed. While the marriage between the daughter of applicant no.1 and opposite party no.2 was performed in the year 2006, it is on record that the said marriage had gone bad in the year 2008 itself when the daughter of applicant no.1 had lodged an FIR against the opposite party no.2 and his family members. She also filed proceeding under Section 125 Cr.P.C. against the opposite party no.2 wherein maintenance allowance @ Rs.6,000/- per month has been awarded in her favour which is admittedly being paid to the daughter of applicant no.1- Zubaida Khatoon.
9. In this background, the allegations that surfaced in the year 2014 of minor skirmish in support thereof are neither supported by any medical evidence nor any independent witness though the incident had taken place in an open public place. In such circumstances, allowing the present proceedings may only be waste of time as the allegations are appear to be inherently improbable.
10. Accordingly, the present application is allowed. The summoning order dated 16.06.2016 is set aside as also the entire proceedings of Complaint Case No. 4155 of 2015 (Ali Ahmad Vs. Mohammad Said & Ors.), under Sections- 323, 504, 506 I.P.C., Police Station- Khesraha, District- Siddharth Nagar, pending in the court of Judicial Magistrate/Civil Judge (Jr. Div.), Sant Kabir Nagar are hereby quashed against the applicants.
Order Date :- 31.5.2019 Abhilash