Gaurav And 5 Others vs State Of U.P. And Another
2022 Latest Caselaw 16046 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 85
 

 
Case :- APPLICATION U/S 482 No. - 26193 of 2022
 
Applicant :- Gaurav And 5 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Vishnu Kumar Patil
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants, learned A.G.A and perused the record.

This application under section 482 Cr.P.C has been filed by the applicants with a prayer to quash the entire proceedings including summoning order dated 14.6.2022 in Complaint Case No. 3550 of 2021, under sections 498-A, 323,504, 506 I.P.C and 3/4 D.P. Act, Police Station Narkhi, District Firozabad.

It is submitted by learned counsel for the applicants that the applicants have falsely been named in the complaint made by the opposite party No.2 who was wedded wife of applicant No.1. The applicants are his family members including father, mother, uncle, aunt, brother and sister. It is further submitted that the general allegation of harassment and demand of dowry was made against all the applicants specifying the allegation of illicit relation between the husband and his aunt. In her statement under section 200 Cr.P.C, the complainant/opposite party No.2 made generation allegation in the complaint and P.W.1 and 2 were also examined as witnesses. It is also submitted that the learned court concerned passed summoning order dated 14.6.2022 after considering the case of Geeta Mehrotra Vs. State (2012)10 S.C.C 741 and summoned these applicants and exonerated three other persons those were named in the complaint case. Though there were same allegation against them but the learned court concerned did not record any finding in this regard as to why he made distinction in the role of applicants including other three persons those were excluded from summoning. In this way the order dated 14.6.2022 shows that it was not passed according to the spirit of the judgement in the case of Geeta Mehrotra Vs. Sate (2012)10 S.C.C 741. Therefore, it is liable to be set aside as being illegal.

Learned A.G.A opposed the prayer for quashing of the aforesaid case.

Considering the facts and circumstances of the case and the submissions made by the learned counsel for the parties it shows that though the allegation against the applicants and three persons those were excluded from summoning were the same and the case of Geeta Mehrotra Vs. State (2012)10 S.C.C 741 was also taken into consideration by the court concerned but no any such finding was recorded by the learned court concerned as to why he made such distinction. It shows that the spirit of the judgment in Geeta Mehrotra Vs. State (2012)10 S.C.C 741 was not considered by the court concerned while passing the order in question.In this way this order suffers illegality and is liable to be set aside. Accordingly, the application is allowed and order dated 14.4.2022 is hereby set aside. The learned court concerned is directed to pass the order afresh after giving an opportunity of hearing to the parties as per dictum given in the case of Geeta Mehrotra Vs. State (2012)10 S.C.C 741.

Accordingly, the application under section 482 Cr.P.C is disposed of finally.

Order Date :- 4.11.2022

G.S