Smt Raj Kumari And 2 Others v. State of U.P & Anr.

Heard Shri Harish Kumar Yadav, learned counsel for the applicants and Shri Ramesh Kumar, learned counsel appearing for the State.

The instant application under section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Criminal Case No. 219 of 2024 (Ruchi Gupta Vs. Punit Vishnoi and others) under section 498A, 323, 504, 506 IPC and under section 3/4 of Dowry Prohibition Act 1961 police station and District Sambhal pending in the court of Civil Judge (JD)/Judicial Magistrate, Sambhal as well as the summoning order dated 29.2.2024.

Learned counsel for the applicants submits that the applicants herein are the mother-in-law, father-in-law and brother-in-law of the opposite party no. 2. The opposite party no. 2 was married to the son of the applicants no. 1 and 2 and due to some matrimonial dispute for which an application under section 13 of the Hindu Marriage Act is already pending between them. Learned counsel for the applicants further submits that all the applicants herein are residing separately from the opposite party no. 2 and her husband, therefore, the instant complaint filed by the opposite party no. 2 against the applicants herein is nothing but abuse of process of law. He further submits that the instant complaint has been filed by the opposite party no. 2 on general vague allegations against the family members including her husband. In support of his submissions learned counsel for the applicants has relied upon the judgements of the Apex Court in the case of Abhishek V. State of M.P. AIR 2023 SC 4209 and Kahkashan Kausar@ Sonam and others Vs. State of Bihar and others (2022) 2 SCC (Cri) 684.

In view thereof, the matter requires consideration.

Issue notice to the opposite party no. 2

Opposite party no. 2 is represented by the learned A.G.A.

Both the opposite parties may file their counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List/put up this matter on 12.9.2024.

Till then no coercive steps shall be taken against the applicant in pursuance of the Criminal Case No. 219 of 2024 (Ruchi Gupta Vs. Punit Vishnoi and others) under section 498A, 323, 504, 506 IPC and under section 3/4 of Dowry Prohibition Act 1961 police station and District Sambhal pending in the court of Civil Judge (JD)/Judicial Magistrate, Sambhal and the impugned summoning order dated 29.2.2024. Order Date :- 18.7.2024 o.k. (Anish Kumar Gupta, J)