Allahabad High Court
Smt Neeraj Rani And Another vs State Of U.P. And Another on 12 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:76917
Court No. - 87
Case :- APPLICATION U/S 482 No. - 35775 of 2024
Applicant :- Smt Neeraj Rani And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- A.K.Chaudhary
Counsel for Opposite Party :- G.A.,Surendra Narayan Mishra
Hon'ble Prashant Kumar,J.
1. Heard Sri A.K. Chaudhary, learned counsel for the applicants, Sri Shashi Dhar Pandey, learned Additional Government Advocate for the State-O.P. no.1, Sri S.N. Mishra, learned counsel for the opposite party no.2 and perused the record.
2. The present application has been filed by the applicants praying for quashing the summoning order dated 08-08-2024 as well as the entire proceedings of complaint case no. 18558 of 2024, under Sections 323, 354-B, 504, 506, 452, 389, 34 IPC, P.S. Bilari, district Moradabad.
3. Learned counsel for the applicants submitted that the opposite party no.2 has filed a complaint alleing therein that on 20.06.2024 at about 05:00 p.m., during a panchayat held at the house of Sri Hari Raj Singh (brother of opposite party no. 2), applicant no. 1, who is the daughter-in-law of opposite party no. 2, along with other persons, abused and physically assaulted opposite party no. 2. It is further alleged that the applicant no.1 misbehaved with her husband, used to chat with unknown persons, and due to the mental agony caused by her conduct, her husband committed suicide on 08.05.2023. The complaint is supported by the statements of two witnesses, namely Har Kishor (brother of opposite party no. 2) and Smt. Chaman Wati (wife of opposite party no. 2), recorded under Section 202 Cr.P.C. Learned counsel for the applicant submits that the allegations are false, vague, and motivated by personal enmity, and that the impugned summoning order has been passed mechanically without proper application of judicial mind.
4. Per contra, learned A.G.A. submits that the allegations are grave in nature, involving the abetment of suicide of the son of opposite party no. 2. It is argued that the conduct of the applicant drove the deceased to take the extreme step, and even after his death, she continues to harass the elderly opposite party no. 2 for monetary gains. He further contended that from perusal of the complaint it cannot be said that no prima facie case is made out against the applicants and the Court below has rightly summoned the applicant and no interference is required by this Court in the impugned order as well as the on going proceedings.
5. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in the instant application. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.
6. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-
"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.
(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.
(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.
(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.
(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.
(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."
7. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in the instant application.
8. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.
9. Hence, the instant application cannot be entertained and is, accordingly, dismissed.
Order Date :- 12.5.2025
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