Others v. State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another

Dev Srivastava Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.

1. Case called out.

2. Sri Jaiveer Rajput, learned counsel for the applicant as also the learned A.G.A. is present.

3. None is present for the opposite party No. 2 nor any counter affidavit has been filed on her behalf, though court has already granted last opportunity on 27.10.2025 to file counter affidavit.

4. Heard and perused the record.

5. The applicants have filed the instant application under Section 528, B.N.S.S with the prayer to set aside the impugned summoning order dated 06.11.2023 issued by the learned Civil Judge (Junior Division), North Unnao and also dismiss the complaint case No. 65 of 2023, Smt. Geeta v. Lovekush & others) pending in the court of Civil Judge (Junior Division) North Unnao, annexed as Annexure Nos. 6 and 9 to the application.

6. It is case of the applicants that the wife of Applicant No. 1 had lodged F.I.R. on 06.09.2022 at Case Crime No. 0381 of 2022 under Sections 147, 148, 323, 324 and 504, I.P.C., in 2 A482 No. 6053 of 2024 which the husband of opposite party No. 2 and other four persons are accused. It has been submitted that Lovekush, who is husband of the informant of the aforesaid case, had received five injuries- (1) Lacerated would 2x1 cm Lt side head 2Cm above from Lt eyebrow cloted blood present; (2) Abrasion 3x2 cm at nosed cloted blood present. (3) Nosed bleeding; (4) Abrasin 3x2 cm Lt side Back of the at dermin cloted blood present; and (5) Contusion 12x2cm Lt Side Upper arm colour is read blood present. Similarly, the brother of Lovekush, Jaikush also received four injures- (1) Lacerated would 16x5 cm Lt side frontel region of skull 7cm above from Ltd eye brow Cloted blood present; (2) Centusion 5x3cm. Lt Side for 9 cm abo ve from Lt Wrist joint Colour is red; (3) Abraided contusion 2.5x1.5cm Lt knee cloted blood present; and (4) Lacerated would 3x5 cm Rt side Middle finger Cloted blood present, and S/o Kallu had also received two injuries- (1) Lacerate would 4x1cm Rt side printal region of skull Cloted blood present, and (2) Abraded contusion 5x2cm Rt Side elbow joint cloted blood present. Injury reports dated 06.09.2022 have been brought on record as Annexure No. 2 to the application.

7. It has been submitted by learned counsel for the applicant that out of retaliation, to settle the personal score the opposite party No. 2 filed application under Section 156(3), Cr.P.C. on

20.09.2022, however, the same was rejected by detailed order on 9.11.2022. The opposite party No., 2, who was unsuccessful in the first application under Section 156(3), Cr.P.C., again moved another application under Section 156(3), Cr.P.C. on the earlier 30.11.2022, concealing application under Section 156(3), Cr.P.C. It has been further submitted by counsel for the applicants that this second the material fact of application under Section 156(3), Cr.P.C. has been treated as 'complaint case', in which after recording statements under Sections 200 and 202 Cr.P.C. the applicants have been summoned.

8. It is argument of the counsel for the applicants that two 3 A482 No. 6053 of 2024 successive applications were filed by the opposite party No. 2 concealing the material fact that her first application was rejected and subsequently second application was filed just to settle the personal score.

9. It has been submitted that wife of the applicant No. 1 had already lodged F.I.R. on 06.09.2022 in which applicant Nos. 1 to 3 have received serious injuries. In retaliation, the opposite party No. 2 has filed the complaint, so that the applicants may be pressurized and may settle the case out of compromise. He has submitted that the impugned criminal proceeding lodged by opposite party No. 2 is out of malice. Learned counsel for the applicants has also submitted that it is already settled by Hon'ble the Supreme Court in the case of State Of Haryana And Ors vs Bhajan Lal And Ors, (1992) Supp (1) SCC 335 (Para 102, Point No. 7), that in case it is found that the proceeding is out of malice, the same can be quashed.

10. Learned A.G.A. has opposed the bail and has submitted that after recording statements under Sections 200 and 202 Cr.P.C. the court below has summoned the applicant, since the offence is made out.

11. The record reveals that the wife of Applicant No. 1 had earlier lodged F.I.R. on 06.09.2022 under Sections 147, 148, 323, 324 and 504, I.P.C.; the fact is also very important to be noted that all the applicants had received injuries and injury- reports dated 06.09.2022 have been brought on record vide Annexure No. 2; the opposite party No. 2 had earlier filed application under Section 156(3), Cr.P.C. on 20.09.2022, after lodging F.I.R. by the applicant. The said application was rejected vide order dated 09.11.2022. However, without disclosing the same the opposite party No. 2 filed another/the present application under Section 156(3), Cr.P.C. on

30.11.2022, in which applicants have been summoned. The criminal proceedings initiated by opposite party No. 2 appears to be initiated out of malice. The judgment of Hon'ble the 4 A482 No. 6053 of 2024 Supreme Court in the case of Bhajan Lal (supra) is very much applicable in the present case. The application is allowed.

12. Summoning order dated 06.11.2023 issued by the learned Civil Judge (Junior Division), North Unnao, in complaint case No. 65 of 2023, Smt. Geeta v. Lovekush & others), pending in the court of Civil Judge (Junior Division) North Unnao, as also the entire aforesaid complaint case No. 65 of 2023, annexed as Annexure Nos. 6 and 9 to the application, are hereby quashed. December 4, 2025 A.Nigam (Brij Raj Singh,J.)

Dev Srivastava Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.

1. Case called out.

2. Sri Jaiveer Rajput, learned counsel for the applicant as also the learned A.G.A. is present.

3. None is present for the opposite party No. 2 nor any counter affidavit has been filed on her behalf, though court has already granted last opportunity on 27.10.2025 to file counter affidavit.

4. Heard and perused the record.

5. The applicants have filed the instant application under Section 528, B.N.S.S with the prayer to set aside the impugned summoning order dated 06.11.2023 issued by the learned Civil Judge (Junior Division), North Unnao and also dismiss the complaint case No. 65 of 2023, Smt. Geeta v. Lovekush & others) pending in the court of Civil Judge (Junior Division) North Unnao, annexed as Annexure Nos. 6 and 9 to the application.

6. It is case of the applicants that the wife of Applicant No. 1 had lodged F.I.R. on 06.09.2022 at Case Crime No. 0381 of 2022 under Sections 147, 148, 323, 324 and 504, I.P.C., in 2 A482 No. 6053 of 2024 which the husband of opposite party No. 2 and other four persons are accused. It has been submitted that Lovekush, who is husband of the informant of the aforesaid case, had received five injuries- (1) Lacerated would 2x1 cm Lt side head 2Cm above from Lt eyebrow cloted blood present; (2) Abrasion 3x2 cm at nosed cloted blood present. (3) Nosed bleeding; (4) Abrasin 3x2 cm Lt side Back of the at dermin cloted blood present; and (5) Contusion 12x2cm Lt Side Upper arm colour is read blood present. Similarly, the brother of Lovekush, Jaikush also received four injures- (1) Lacerated would 16x5 cm Lt side frontel region of skull 7cm above from Ltd eye brow Cloted blood present; (2) Centusion 5x3cm. Lt Side for 9 cm abo ve from Lt Wrist joint Colour is red; (3) Abraided contusion 2.5x1.5cm Lt knee cloted blood present; and (4) Lacerated would 3x5 cm Rt side Middle finger Cloted blood present, and S/o Kallu had also received two injuries- (1) Lacerate would 4x1cm Rt side printal region of skull Cloted blood present, and (2) Abraded contusion 5x2cm Rt Side elbow joint cloted blood present. Injury reports dated 06.09.2022 have been brought on record as Annexure No. 2 to the application.

7. It has been submitted by learned counsel for the applicant that out of retaliation, to settle the personal score the opposite party No. 2 filed application under Section 156(3), Cr.P.C. on

20.09.2022, however, the same was rejected by detailed order on 9.11.2022. The opposite party No., 2, who was unsuccessful in the first application under Section 156(3), Cr.P.C., again moved another application under Section 156(3), Cr.P.C. on the earlier 30.11.2022, concealing application under Section 156(3), Cr.P.C. It has been further submitted by counsel for the applicants that this second the material fact of application under Section 156(3), Cr.P.C. has been treated as 'complaint case', in which after recording statements under Sections 200 and 202 Cr.P.C. the applicants have been summoned.

8. It is argument of the counsel for the applicants that two 3 A482 No. 6053 of 2024 successive applications were filed by the opposite party No. 2 concealing the material fact that her first application was rejected and subsequently second application was filed just to settle the personal score.

9. It has been submitted that wife of the applicant No. 1 had already lodged F.I.R. on 06.09.2022 in which applicant Nos. 1 to 3 have received serious injuries. In retaliation, the opposite party No. 2 has filed the complaint, so that the applicants may be pressurized and may settle the case out of compromise. He has submitted that the impugned criminal proceeding lodged by opposite party No. 2 is out of malice. Learned counsel for the applicants has also submitted that it is already settled by Hon'ble the Supreme Court in the case of State Of Haryana And Ors vs Bhajan Lal And Ors, (1992) Supp (1) SCC 335 (Para 102, Point No. 7), that in case it is found that the proceeding is out of malice, the same can be quashed.

10. Learned A.G.A. has opposed the bail and has submitted that after recording statements under Sections 200 and 202 Cr.P.C. the court below has summoned the applicant, since the offence is made out.

11. The record reveals that the wife of Applicant No. 1 had earlier lodged F.I.R. on 06.09.2022 under Sections 147, 148, 323, 324 and 504, I.P.C.; the fact is also very important to be noted that all the applicants had received injuries and injury- reports dated 06.09.2022 have been brought on record vide Annexure No. 2; the opposite party No. 2 had earlier filed application under Section 156(3), Cr.P.C. on 20.09.2022, after lodging F.I.R. by the applicant. The said application was rejected vide order dated 09.11.2022. However, without disclosing the same the opposite party No. 2 filed another/the present application under Section 156(3), Cr.P.C. on

30.11.2022, in which applicants have been summoned. The criminal proceedings initiated by opposite party No. 2 appears to be initiated out of malice. The judgment of Hon'ble the 4 A482 No. 6053 of 2024 Supreme Court in the case of Bhajan Lal (supra) is very much applicable in the present case. The application is allowed.

12. Summoning order dated 06.11.2023 issued by the learned Civil Judge (Junior Division), North Unnao, in complaint case No. 65 of 2023, Smt. Geeta v. Lovekush & others), pending in the court of Civil Judge (Junior Division) North Unnao, as also the entire aforesaid complaint case No. 65 of 2023, annexed as Annexure Nos. 6 and 9 to the application, are hereby quashed. December 4, 2025 A.Nigam (Brij Raj Singh,J.)