Smt. Akansha v. Rajnish & others), pending in the court of learned Civil Judge

2022 (Smt. Akansha Vs. Rajnish & others), pending in the court of learned Civil Judge, (J.D.)/ F.T.C., Shahjahanpur, pursuant court No.41 to impugned summoning order dated 1.6.2024 whereby the applicant no.1 and applicant no.3 have been summoned under section-498-A, 323 I.P.C. and section 4 Dowry Prohibition Act whereas the applicant no.2 has been summoned under section under section 498-A, 323, 354 I.P.C. and section 4 Dowry Prohibition Act, Police station-Sadar Bazar, District- Shahjahanpur.

3. Learned counsel for the applicants has submitted that the applicants herein are mother-in-law, father-in-law and husband of the opposite party no. 2, marriage of the opposite party no.2 stood solemnized with the applicant No. 3 on 10.12.2020. Submission of the learned counsel for the applicants that alleging offences under Sections 323, 354, 498A, 504, 506 IPC read with Section 3/4 of the D.P. Act, a first information report stood lodged by the opposite party no. 2 against the applicants on 13.05.2021 being FIR No. 0287 before the Police Station Sadar Bazar, Sahajanpur and thereafter the parties in question arrived at a compromise and a final report came to be submitted on the basis of the compromise on 16.03.2021. Taking a somersault, the opposite party no. 2 thereafter a protest petition on which on 06.05.2022, the case transformed to a complaint case. Thereafter post recording of the statements under Section 200 and 202 Cr.P.C., the complaint came to be dismissed by the court below on 21.10.2022 by the Court of Civil Judge, (J.D.)/ F.T.C., Shahjahanpur, pursuant court No.41, Shahjahanpur.

4. Questioning the same, the opposite party No. 2 preferred a Criminal Revision bearing No. 255 of 2022 which came to be allowed on 14.07.2023 remitting the matter back to pass a fresh order, wherein the applicant Nos. 1 and 3 stand summoned under Sections 498A and 323 read with Section 4 of the D.P. Act and the applicant no. 2 under Section 498A, 323, 354 IPC and Section 4 of the D.P. Act.

5. Questioning the same, the applicants has been filed the present application.

6. Learned counsel for the applicants has submitted that the applicants who belong in-laws side of the opposite party No. 2 are being subjected to multiple criminal proceedings. Submission is that once post lodging of the first information report on the basis of the compromise, a final report stood submitted then there was no occasion to file protest petition and summon the applicants after recording of the statements under Section 200 and 200 Cr.P.C. which culminated into rejection of the complaint on 21.10.2022. He submits that through the revision came to be preferred by the opposite party No. 2, pursuant whereto the matter stood remanded and the applicants have been summoned, but no offences are made out. Learned counsel for the applicants submits that even proceedings under Section 125 Cr.P.C. stood initiated by the opposite party No. 2 and the same on the payment of certain amount came to be closed on 09.03.2024 and even on 13.09.2024, the proceedings under Sections 12, 18, 19, 20 and 22 of the D.V. Act, 2005 was also dismissed for non prosecution.

7. Learned counsel for the applicants has also invited the attention of the Court towards paragraph No. 7 so as to contend that previously also, the brother of the complainant/ opposite party No. 2, Amit Kumar lodged an FIR dated 16.09.2017 bearing case crime No. 1357 of 2017 under Section 3/4 of the D.P. Act in respect of the previous engagement of the opposite party No. 2 occurred in the month of October, 2016 with one Rohan Bhartiya and later on the complainant/ opposite party exploited and extracted money from the proposed marriage. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been subjected to harassment at all levels before different forums in view of the authorities and the provisions in that regard. Learned counsel for the applicants submits that the applicants shall be filing a discharge application and till the discharge application is being decided, no coercive action be taken.

8. Learned AGA on the other hand submits that from the perusal of the complaint vis-a-vis the statements under Section 200 and 202 Cr.P.C., a prime facie offence comes out and the complaint cannot be rejected at the very threshold being frivolous and he further submits that whatever might be, post lodging of the first information report but once the case stood transformed into a complaint case then the statements cannot be diluted. He further submitted that the applicants may file discharge application.

9. Looking into the overall facts of the case, the application is disposed of directing the applicants to submit a discharge application by 25.07.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition.

10. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the Complaint case no. 259 of 2022 (Smt. Akansha Vs. Rajnish & others), pending in the court of learned Civil Judge, (J.D.)/ F.T.C., Shahjahanpur, pursuant court No.41 to impugned summoning order dated 1.6.2024 whereby the applicant no.1 and applicant no.3 have been summoned under section-498-A, 323 I.P.C. and section 4 Dowry Prohibition Act whereas the applicant no.2 has been summoned under section under section 498-A, 323, 354 I.P.C. and section 4 Dowry Prohibition Act, Police station-Sadar Bazar, District- Shahjahanpur.

11. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 14.7.2025 A. Prajapati

2022 (Smt. Akansha Vs. Rajnish & others), pending in the court of learned Civil Judge, (J.D.)/ F.T.C., Shahjahanpur, pursuant court No.41 to impugned summoning order dated 1.6.2024 whereby the applicant no.1 and applicant no.3 have been summoned under section-498-A, 323 I.P.C. and section 4 Dowry Prohibition Act whereas the applicant no.2 has been summoned under section under section 498-A, 323, 354 I.P.C. and section 4 Dowry Prohibition Act, Police station-Sadar Bazar, District- Shahjahanpur.

3. Learned counsel for the applicants has submitted that the applicants herein are mother-in-law, father-in-law and husband of the opposite party no. 2, marriage of the opposite party no.2 stood solemnized with the applicant No. 3 on 10.12.2020. Submission of the learned counsel for the applicants that alleging offences under Sections 323, 354, 498A, 504, 506 IPC read with Section 3/4 of the D.P. Act, a first information report stood lodged by the opposite party no. 2 against the applicants on 13.05.2021 being FIR No. 0287 before the Police Station Sadar Bazar, Sahajanpur and thereafter the parties in question arrived at a compromise and a final report came to be submitted on the basis of the compromise on 16.03.2021. Taking a somersault, the opposite party no. 2 thereafter a protest petition on which on 06.05.2022, the case transformed to a complaint case. Thereafter post recording of the statements under Section 200 and 202 Cr.P.C., the complaint came to be dismissed by the court below on 21.10.2022 by the Court of Civil Judge, (J.D.)/ F.T.C., Shahjahanpur, pursuant court No.41, Shahjahanpur.

4. Questioning the same, the opposite party No. 2 preferred a Criminal Revision bearing No. 255 of 2022 which came to be allowed on 14.07.2023 remitting the matter back to pass a fresh order, wherein the applicant Nos. 1 and 3 stand summoned under Sections 498A and 323 read with Section 4 of the D.P. Act and the applicant no. 2 under Section 498A, 323, 354 IPC and Section 4 of the D.P. Act.

5. Questioning the same, the applicants has been filed the present application.

6. Learned counsel for the applicants has submitted that the applicants who belong in-laws side of the opposite party No. 2 are being subjected to multiple criminal proceedings. Submission is that once post lodging of the first information report on the basis of the compromise, a final report stood submitted then there was no occasion to file protest petition and summon the applicants after recording of the statements under Section 200 and 200 Cr.P.C. which culminated into rejection of the complaint on 21.10.2022. He submits that through the revision came to be preferred by the opposite party No. 2, pursuant whereto the matter stood remanded and the applicants have been summoned, but no offences are made out. Learned counsel for the applicants submits that even proceedings under Section 125 Cr.P.C. stood initiated by the opposite party No. 2 and the same on the payment of certain amount came to be closed on 09.03.2024 and even on 13.09.2024, the proceedings under Sections 12, 18, 19, 20 and 22 of the D.V. Act, 2005 was also dismissed for non prosecution.

7. Learned counsel for the applicants has also invited the attention of the Court towards paragraph No. 7 so as to contend that previously also, the brother of the complainant/ opposite party No. 2, Amit Kumar lodged an FIR dated 16.09.2017 bearing case crime No. 1357 of 2017 under Section 3/4 of the D.P. Act in respect of the previous engagement of the opposite party No. 2 occurred in the month of October, 2016 with one Rohan Bhartiya and later on the complainant/ opposite party exploited and extracted money from the proposed marriage. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been subjected to harassment at all levels before different forums in view of the authorities and the provisions in that regard. Learned counsel for the applicants submits that the applicants shall be filing a discharge application and till the discharge application is being decided, no coercive action be taken.

8. Learned AGA on the other hand submits that from the perusal of the complaint vis-a-vis the statements under Section 200 and 202 Cr.P.C., a prime facie offence comes out and the complaint cannot be rejected at the very threshold being frivolous and he further submits that whatever might be, post lodging of the first information report but once the case stood transformed into a complaint case then the statements cannot be diluted. He further submitted that the applicants may file discharge application.

9. Looking into the overall facts of the case, the application is disposed of directing the applicants to submit a discharge application by 25.07.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition.

10. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the Complaint case no. 259 of 2022 (Smt. Akansha Vs. Rajnish & others), pending in the court of learned Civil Judge, (J.D.)/ F.T.C., Shahjahanpur, pursuant court No.41 to impugned summoning order dated 1.6.2024 whereby the applicant no.1 and applicant no.3 have been summoned under section-498-A, 323 I.P.C. and section 4 Dowry Prohibition Act whereas the applicant no.2 has been summoned under section under section 498-A, 323, 354 I.P.C. and section 4 Dowry Prohibition Act, Police station-Sadar Bazar, District- Shahjahanpur.

11. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 14.7.2025 A. Prajapati