Anil Sharma And 2 Others vs State Of U.P. And Another
2016 Latest Caselaw 3581 ALL

Citation : 2016 Latest Caselaw 3581 ALL
Judgement Date : 20 June, 2016

Allahabad High Court

Anil Sharma And 2 Others vs State Of U.P. And Another on 20 June, 2016

Bench: Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 18810 of 2016
 

 
Applicant :- Anil Sharma And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vinay Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.

The instant petition has been filed by the applicants with a prayer to quash summoning order dated 24.9.2015 passed by learned Judicial Magistrate Ist, Muzaffarnagar in Complaint Case No.1145/9 of 2015 (Rajendra Sharma Vs. Anil Sharma and others), under sections 452, 323, 504, 506 I.P.C., Police Station Bhopa, District Muzaffarnagar.

It is submitted by learned counsel for the applicants that the opposite party no.2 is the father-in-law of applicant no.3. The son of opposite party no.2 was married with applicant no.3 and on some misunderstanding. The applicants resolved the dispute by calling at their house. The opposite party no.2 later on filed a complaint against the applicants on frivolous allegations that the applicants have used abusive language and also committed marpeet. There is no medical report to substantiate the allegations made in the complaint. The prosecution of the applicants on the basis of false allegations is sheer abuse of process of law. The trial court has proceeded with the case and passed the summoning order to face trial vide order dated 24.9.2015 under sections 452, 323, 504, 506 I.P.C. which deserves to be vitiated.

The matter requires consideration.

Let notice be issued to the opposite party no.2 returnable within one month who shall file counter affidavit the said period. Rejoinder affidavit, if any, may be filed by the applicants within one week thereafter.

Let the case be listed in the week commencing 8.8.2016 before the appropriate Bench.

Till the next date of listing further proceedings in complaint Case No.1145/9 of 2015 (Rajendra Sharma Vs. Anil Sharma and others), under sections 452, 323, 504, 506 I.P.C., Police Station Bhopa, District Muzaffarnagar against the applicants shall be kept in abeyance.

Order Date :- 20.6.2016