Court No. - 64
Case :- APPLICATION U/S 482 No. - 16601 of 2019 Applicant :- Vipin Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By way of the instant application, the applicants have sought quashment of the summoning order dated 17.01.2018 passed by the Judicial Magistrate, Bhognipur, Kanpur Dehat as well as proceeding in Complaint Case No.129 of 2017 Anita Devi Vs. Vipin Kumar and others, under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, Police Station Bhognipur, District Kanpur Dehat.
Allegations made in the complaint and statement are mischievous and the court below has failed to appreciate the proper facts and circumstances of the case and has wrongly, summoned the applicants under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act. The summoning order is illegal and not sustainable and entire proceeding is in abuse of process of the Court.
Learned A.G.A. has opposed the prayer for quashment of the summoning order and submitted that the summoning order is just and legal which requires no interference by this Court.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously it cannot be said that the impugned summoning order is either perverse or erroneous because the same is based on after discussing the material facts and particulars required to be considered by the court below. No good ground is made out for quashment of the impugned summoning order. Accordingly, the prayer for quashment of the impugned summoning order and the proceeding is refused.
However, the applicants are required to participate in the proceeding before the court below.
Consequently, the instant application is dismissed.
Order Date :- 26.4.2019 rkg