Allahabad High Court
Smt. Sumam And 4 Others vs State Of U.P. And Another on 13 February, 2023
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 69
Case :- APPLICATION U/S 482 No. - 3606 of 2023
Applicant :- Smt. Sumam And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Meraj Ahmad Khan
Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Meraj Ahmad Khan, learned counsel for the applicants and Ms. Arti Agarwal, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants Smt. Suman, Tejpal, Kanhaiya, Khacheru and Ranveer with the prayer to quash the entire proceedings of Complaint Case No. 3508 of 2021 (7739 of 2018), Nanhey Vs. Tejpal and others, under Sections 323, 504, 506 IPC, Police Station Majhola, District Moradabad as well as summoning order dated 29.11.2022 passed by Additional Civil Judge (Jr. Div)/Judicial Magistrate, Room No.3, Moradabad pending before the court of Additional Civil Judge (Jr. Div)/Judicial Magistrate, Room No.3, Moradaba and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.
Learned counsel for the applicants argued that the applicants have been falsely implicated in the present. It is argued that the proceedings as initiated against the applicants are with malafide intentions. It is argued that the applicant no.1 is the wife of opposite party no.2 whereas the other applicants are her family members, have also been implicated in the present case. It is argued that the marriage of the applicant no.1 with opposite party no.2 was solemnized in the year 2008. It is argued that marital dispute arose between them and First Information Report was lodged in the year 2012. The proceedings under Section 125 Cr.P.C. was also taken up which was allowed vide judgment and order dated 24.06.2017 passed by the trial court wherein maintenance was awarded to the applicant no.1 and her minor child. Subsequently, on 24.12.2018 the present complaint has been filed against the applicants who have been summoned to face trial. The same is a counterblast to the proceedings as initiated by the applicant no.1 against the opposite party no.2 and other family members. It is argued that the proceedings as initiated are totally abuse of process of law. It is further argued that even the trial court vide its order dated 29.11.2022 has failed appreciate the fact that present proceedings have been initiated with malafide intentions and have been summoned the applicants to face trial.
Per contra, learned counsel for the State opposed the prayer for quashing. In so far as the allegation of criminal proceedings on the ground of malafide is concerned, it is trite law that malafides cannot be looked into at this stage as has been held by the Apex Court in the case of State of M.P. vs. Awadh Kishore Gupta : (2004) 1 SCC 691. Prima facie, the offence is made out against the applicants and have been summoned.
After having heard learned counsel for the parties and perusing the documents, it is apparent that the trial court has passed a reasoned order on merits summoning the applicants. No ground is made out to set aside the summoning the order dated 29.11.2022 and also the proceedings initiated against the applicants. It is trite law that malafide intentions of the complainant cannot be a ground for quashing as has been held by the Apex Court in the case of State of M.P. vs. Awadh Kishore Gupta (supra).
In view of the same, prima facie, allegation against the applicants and the law as stated above, no case for interference is made out. The present application under Section 482 Cr.P.C. is thus dismissed.
Order Date :- 13.2.2023
M. ARIF
(Samit Gopal, J.)
