Allahabad High Court
Devendra Giri And Others vs State Of U.P Thru. Prin. Secy. ... on 17 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 4878 of 2023
Applicant :- Devendra Giri And Others
Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Govt. Lko. And Another
Counsel for Applicant :- Vijay Pratap Singh,Karunesh Singh
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri B.N.Nishad, learned A.G.A. for the State and perused the material placed on record.
Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 09-02-2023 and the proceedings of the Case No. 649 of 2022(Shobhni Giri Vs. Devendra Giri and Others) pending in the court of learned Judicial Magistrate, Bahraich, summoning the applicant no. 1 under sections 498-A/323/504/506/379 of I.P.C. and the applicant nos. 2 to 5 under sections 498-A/323/504/506 of I.P.C, Police Station-Kotwali Dehat, District-Bahraich.
Learned counsel appearing for the applicants submits that the instant matter arises out of a matrimonial dispute and all the family members have falsely been implicated. Adding his arguments, he submits that an application under section 156(3) of Cr.P.C. was instituted on 25-03-2022 and the husband died in the year 2017 itself. He added that on 12-10-2017, an application was given in the form of compromise, wherein it has been admitted by the complainant that she had submitted a complaint against the father-in-law and other family members and the matter has been settled and thus, she did not want to press the complaint further more. He next added that there is no specific allegation against the present applicants and the husband died in the year 2017 and the applicants are being harassed for their no fault.
In support of his contentions, learned counsel for the applicants has placed reliance on the Judgment of the Apex Court in the case of Geeta Mehrotra Vs State of U.P. and Others reported in 2012(10) ADJ 464 and Kahkashan Kausar alias Sonam and Others Vs. State of Bihar and Others, reported in (2022) 6 SCC 599 and added that case of the present applicants is squarely covered with the ratio of Judgment aforesaid and thus, submission is that the criminal proceedings against the applicants may be quashed.
On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the applicants are involved in committing offfence and after thorough investigation, it was found that they have committed the offence and thereafter, the summoning order was passed, which is under challenge in the instant application and therefore, no interference is warranted.
Prima-facie, there seems to be force in the arguments of learned counsel for the applicants and thus, the matter requires consideration.
Let notice be issued to opposite party no. 2 returnable at an early date.
Steps be taken within a week.
List/put up this matter in the Third Week of July,2023.
In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.
Till the next date of listing, the proceedings initiated in pursuance of summoning order dated 09-02-2023 and the proceedings of the Case No. 649 of 2022(Shobhni Giri Vs. Devendra Giri and Others) pending in the court of learned Judicial Magistrate, Bahraich, summoning the applicant no. 1 under sections 498-A/323/504/506/379 of I.P.C. and the applicant nos. 2 to 5 under sections 498-A/323/504/506 of I.P.C, Police Station-Kotwali Dehat, District-Bahraich, shall remain stayed, so far as the present applicants are concerned.
Order Date :- 17.5.2023/AKS
