High Court

3. The aforesaid case has been instituted on the basis of an FIR lodged on 05.04.2023 against four persons- (i) Arjun Sharma, (ii) Pradyumn Sharma, (iii) Abhishek Sharma and (iv) Vinod Kumar Sharma, stating that the accused persons entered the informant's house at about 08:30 PM on 04.04.2023. Pradyumn Sharma, who is younger brother of her husband caught hold of her and opened her saree. Upon her opposition, she was badly beaten up and pushed to the ground. The opposite party No.2 fell unconscious. Upon regaining consciousness, she picked up her daughter and went towards the door where her husband- Pravesh, father-in-law- Surya Kumar and Sandeep Kumar were involved in some consultation. The informant closed the door from the inside, tried to dial 100 but when the call could not be get connected, she made phone call to the clerk of her counsel, who made phone call on Number-100 and called the police. She stated that she had earlier lodged an FIR No.271 of 2022 but when no action was taken in pursuance thereof, this incident took place. She stated that she suffered numerous injuries on her body.

4. In the statement of the informant recorded under Section 161 Cr.P.C., she reiterated the FIR version.

5. The informant was examined medically in a Community Health Centre, Jahangeerabad on 05.04.2023 and the prescription mentions alleged history of physical assault. Thereafter, the victim was sent to the District Hospital for detailed medical examination and the referral form mentions injuries on hands, legs and abdomen. The medico-legal examination report of the informant mentions two linear abrasions on right wrist of size 3 X 0.2 cm and 2.5 X 0.2 cm, a linear abrasion on of size 03 X 0.2 cm on left thumb, a linear abrasion on chest of size 4 X 0.2 cm 7 cm below right clavicle and complain of pain in lower abdomen. She was discharged from the hospital on 05.04.2023 at about 11:30 AM on her own request.

5. In the statement of the informant recorded under Section 164 Cr.P.C., she stated that all the four accused persons came to her house at about 08:30 PM on 04.04.2023 and all four of them raped her. She had fallen unconscious and upon regaining consciousness, she saw that her husband had also joined the four named accused persons. She picked up her daughter and locked herself in her room. Thereafter, she called the police through the clerk of her counsel.

6. The Investigating Officer has submitted a charge-sheet on

09.08.2023 and the trial Court took cognizance of the offence on 14.04.2024.

7. The learned counsel for the applicant has submitted that the Investigating Officer has recorded statements of some independent witnesses, copies whereof have been annexed as Annexure No.8 to the application wherein all of them have stated that they had come to the house of the applicant No.1 at about 08:30 PM on 04.04.2023 upon hearing the noise of some quarrel. The door was locked from inside. They knocked the door and the opposite party No.2 told them that her husband and father-in-law did not want her to live in her matrimonial home and they had beaten her up and had abused her. They stated that a matrimonial dispute is going on between the opposite party No.2 and her husband and his family members and she had already lodged a criminal case against them.

8. A copy of the First FIR lodged by the opposite party no.2 has been annexed as Annexure No.3 to the application which is FIR No.271 of 2022 lodged on 24.09.2022 against eight persons, including the husband, mother-in-law, father-in-law, sister-in- law, brother-in-law and two other persons, stating that the informant had got married to the applicant No.1- Pravesh Kumar on 26.11.2020, all the accused persons harassed her for demanding dowry, they caused her miscarriage by beating her on 18.02.2021, tried to throw acid on her on 25.02.2022 but she saved herself by closing the door and they did not take her to the Hospital for her delivery and thereafter, she called her father and he got her admitted to the hospital for delivery. After the delivery, her husband dropped her mid-way and, thereafter, she called her father and went with him on 22.09.2022. After the present FIR, the opposite party No.2 has lodged another FIR No.352 of 2022 on 14.12.2023 against three persons- (i) Pradyumn Sharma-the applicant No.3, Abhishek Kumar and Shalini, stating that all the accused persons entered her house at about 08:30 PM on 13.12.2023, tried to disrobe her and Pradyumn and Abhishek raped her. She also alleged that the incident of rape was video-graphed. The co-accused Abhishek Kumar has been granted anticipatory bail in that case by means of an order dated 24.03.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application No.344 of 2025 wherein it is recorded that the only injuries reported in the medico-legal examination report are some abrasions, which cannot be related to assaults made by sticks, iron rods or bricks and that the allegation of gang-rape was not supported by the findings of the medico-legal examination report.

9. The learned counsel for the applicant has submitted that a matrimonial dispute is going on between the opposite party No.2 and the applicant No.2 due to which she keeps on lodging the FIRs against her husband and his family members by exaggerating the allegations and including the false allegations.

10. The opposite party No.2 ,who has appeared in person, states that the applicants are constantly harassing her due to which she has been compelled to file repetitive FIRs. However, she could not give any reply to the query of the Court that she has levelled allegation of commission of gang-rape by the family members of her husband twice and on both the occasions the allegations could not be supported by the findings of the medico-legal examination report. It is unfortunate that the opposite party No.2 has levelled commission of rape upon his father-in-law aged 69 years.

11. A supplementary affidavit has been filed on behalf of the applicants inter alia annexing therewith a complaint sent by the opposite party No.2 to the Superintendent of Police, Barabanki leveling allegations against the learned counsel for the applicants stating that under garb of legal practice, he takes sides of criminals and indulges in conversion of their religion. She has levelled some further allegations, which are so obnoxious as cannot be reproduced in this order.

12. From the aforesaid facts, prima facie it appears that the opposite party No.2 is abusing the criminal justice system because of the matrimonial dispute between herself and her husband.

13. The matter requires detailed consideration.

14. The opposite parties may file their counter affidavits within two weeks. In case counter affidavit is filed, the applicant may file rejoinder affidavit, if any, within a period of one week thereafter.

15. List this case in the week commencing 18.08.2025.

16. Till the next date of listing the proceedings of the aforesaid case so far as the applicant is concerned shall remain stayed. . Order Date :- 15.7.2025 -Amit K- (Subhash Vidyarthi,J.)

3. The aforesaid case has been instituted on the basis of an FIR lodged on 05.04.2023 against four persons- (i) Arjun Sharma, (ii) Pradyumn Sharma, (iii) Abhishek Sharma and (iv) Vinod Kumar Sharma, stating that the accused persons entered the informant's house at about 08:30 PM on 04.04.2023. Pradyumn Sharma, who is younger brother of her husband caught hold of her and opened her saree. Upon her opposition, she was badly beaten up and pushed to the ground. The opposite party No.2 fell unconscious. Upon regaining consciousness, she picked up her daughter and went towards the door where her husband- Pravesh, father-in-law- Surya Kumar and Sandeep Kumar were involved in some consultation. The informant closed the door from the inside, tried to dial 100 but when the call could not be get connected, she made phone call to the clerk of her counsel, who made phone call on Number-100 and called the police. She stated that she had earlier lodged an FIR No.271 of 2022 but when no action was taken in pursuance thereof, this incident took place. She stated that she suffered numerous injuries on her body.

4. In the statement of the informant recorded under Section 161 Cr.P.C., she reiterated the FIR version.

5. The informant was examined medically in a Community Health Centre, Jahangeerabad on 05.04.2023 and the prescription mentions alleged history of physical assault. Thereafter, the victim was sent to the District Hospital for detailed medical examination and the referral form mentions injuries on hands, legs and abdomen. The medico-legal examination report of the informant mentions two linear abrasions on right wrist of size 3 X 0.2 cm and 2.5 X 0.2 cm, a linear abrasion on of size 03 X 0.2 cm on left thumb, a linear abrasion on chest of size 4 X 0.2 cm 7 cm below right clavicle and complain of pain in lower abdomen. She was discharged from the hospital on 05.04.2023 at about 11:30 AM on her own request.

5. In the statement of the informant recorded under Section 164 Cr.P.C., she stated that all the four accused persons came to her house at about 08:30 PM on 04.04.2023 and all four of them raped her. She had fallen unconscious and upon regaining consciousness, she saw that her husband had also joined the four named accused persons. She picked up her daughter and locked herself in her room. Thereafter, she called the police through the clerk of her counsel.

6. The Investigating Officer has submitted a charge-sheet on

09.08.2023 and the trial Court took cognizance of the offence on 14.04.2024.

7. The learned counsel for the applicant has submitted that the Investigating Officer has recorded statements of some independent witnesses, copies whereof have been annexed as Annexure No.8 to the application wherein all of them have stated that they had come to the house of the applicant No.1 at about 08:30 PM on 04.04.2023 upon hearing the noise of some quarrel. The door was locked from inside. They knocked the door and the opposite party No.2 told them that her husband and father-in-law did not want her to live in her matrimonial home and they had beaten her up and had abused her. They stated that a matrimonial dispute is going on between the opposite party No.2 and her husband and his family members and she had already lodged a criminal case against them.

8. A copy of the First FIR lodged by the opposite party no.2 has been annexed as Annexure No.3 to the application which is FIR No.271 of 2022 lodged on 24.09.2022 against eight persons, including the husband, mother-in-law, father-in-law, sister-in- law, brother-in-law and two other persons, stating that the informant had got married to the applicant No.1- Pravesh Kumar on 26.11.2020, all the accused persons harassed her for demanding dowry, they caused her miscarriage by beating her on 18.02.2021, tried to throw acid on her on 25.02.2022 but she saved herself by closing the door and they did not take her to the Hospital for her delivery and thereafter, she called her father and he got her admitted to the hospital for delivery. After the delivery, her husband dropped her mid-way and, thereafter, she called her father and went with him on 22.09.2022. After the present FIR, the opposite party No.2 has lodged another FIR No.352 of 2022 on 14.12.2023 against three persons- (i) Pradyumn Sharma-the applicant No.3, Abhishek Kumar and Shalini, stating that all the accused persons entered her house at about 08:30 PM on 13.12.2023, tried to disrobe her and Pradyumn and Abhishek raped her. She also alleged that the incident of rape was video-graphed. The co-accused Abhishek Kumar has been granted anticipatory bail in that case by means of an order dated 24.03.2025 passed by this Court in Crl. Misc. Anticipatory Bail Application No.344 of 2025 wherein it is recorded that the only injuries reported in the medico-legal examination report are some abrasions, which cannot be related to assaults made by sticks, iron rods or bricks and that the allegation of gang-rape was not supported by the findings of the medico-legal examination report.

9. The learned counsel for the applicant has submitted that a matrimonial dispute is going on between the opposite party No.2 and the applicant No.2 due to which she keeps on lodging the FIRs against her husband and his family members by exaggerating the allegations and including the false allegations.

10. The opposite party No.2 ,who has appeared in person, states that the applicants are constantly harassing her due to which she has been compelled to file repetitive FIRs. However, she could not give any reply to the query of the Court that she has levelled allegation of commission of gang-rape by the family members of her husband twice and on both the occasions the allegations could not be supported by the findings of the medico-legal examination report. It is unfortunate that the opposite party No.2 has levelled commission of rape upon his father-in-law aged 69 years.

11. A supplementary affidavit has been filed on behalf of the applicants inter alia annexing therewith a complaint sent by the opposite party No.2 to the Superintendent of Police, Barabanki leveling allegations against the learned counsel for the applicants stating that under garb of legal practice, he takes sides of criminals and indulges in conversion of their religion. She has levelled some further allegations, which are so obnoxious as cannot be reproduced in this order.

12. From the aforesaid facts, prima facie it appears that the opposite party No.2 is abusing the criminal justice system because of the matrimonial dispute between herself and her husband.

13. The matter requires detailed consideration.

14. The opposite parties may file their counter affidavits within two weeks. In case counter affidavit is filed, the applicant may file rejoinder affidavit, if any, within a period of one week thereafter.

15. List this case in the week commencing 18.08.2025.

16. Till the next date of listing the proceedings of the aforesaid case so far as the applicant is concerned shall remain stayed. . Order Date :- 15.7.2025 -Amit K- (Subhash Vidyarthi,J.)