Court No. - 72
Case :- APPLICATION U/S 482 No. - 17273 of 2017 Applicant :- Shiv Lal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A.,R. A. Ram
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Manish Kumar Pandey, Advocate holding brief for Sri Santosh Kr. Singh Paliwal, learned counsel for the applicants, Sri Pradeep Kumar Mishra, learned counsel for 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 entire criminal proceedings of Case No.702 of 2016, as well as the summoning order dated 07.09.2016 passed by the Judicial Magistrate, Azamgarh, under Sections 498-A, IPC and 3/4 D.P. Act, P.S. Ahraula, District Azamgarh.
3. Learned counsel for the applicants submits that arising from the matrimonial discord between Virendra Kumar, son of the applicants no. 1 and 2 and opposite party no. 2, a private and civil dispute between those parties has been blown out of proportion and resultantly, false allegations have been made against the present applicants regarding demand of dowry and of assault committed on the said opposite party no. 2.
4. Relying on the contents of the FIR and the statement recorded under Sections 200 and 202 Cr.P.C., it has been submitted that other than making general and vague allegations, there are no specific allegation disclosed as to the date or as to the commission of offence as may warrant summoning of the present applicants who are the father-in-law and the mother-in-law of the opposite party no.2.
5. Learned counsel for the opposite party no. 2 submits that at present bare reading of the complaint and the ingredients of offence lodged, no detailed examination is required to be conducted at this stage.
6. Having heard learned counsel for the parties and having perused the record, it appears that the allegations if at all are against the husband of opposite party no.2. But in so far as the present applicants are concerned, other than making a general and vague recital of demand of dowry and of assault committed, the ingredients of the offence alleged are not disclosed with reference to date, time, place or other details. Though allegation of assault has been made, however, there is no injury to support the same. Thus allegations made against the applicants are in the teeth of well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh and in the case of Preeti Gupta & Another Vs. State of Jharkhand & Another (2010) 7 SCC 667.
7. Accordingly, the proceedings of Case No.702 of 2016, as well as the summoning order dated 07.09.2016 passed by the Judicial Magistrate, Azamgarh, under Sections 498-A, IPC and 3/4 D.P. Act, P.S. Ahraula, District Azamgarh is hereby quashed.
8. The application is allowed.
Order Date :- 29.4.2019/Meenu