High Court · 2025

Ms. Suraiya Naaz, learned counsel, holding brief of Mr. Lalit Sharm a, learned counsel for t he applicant s.

2. Mr. B.N. Maulakhi, learned Deput y A.G. alongwit h Mr. Akshay Lat wal, learned A.G.A. for t he St at e. present Crim inal set t ing- aside

3. The Misc. Applicat ion under sect ion 482 Cr.P.C. has been filed by t he applicant s for quashing sum m oning 20.12.2016 passed by learned Judicial Magist rat e, Rudrapur, Dist rict Udham Singh Nagar in Crim inal Case No. 14816 2013 under sect ion 498- A, 323, 504 and 506 of I .P.C & 3/ 4 of Dowry Prohibit ion Act , 1961. t he

4. Learned counsel for t he applicant nos. 1 and 2 are brot her- in- law and applicant no. 3 is m arried sist er- in- law of respondent no. 2/ com plainant . Learned counsel furt her subm it s t hat applicant no. 2 is a st udent , whose dat e of birt h is 01.01.1998 and applicant no. 3, who is sist er- in- law of t he com plainant was m arried fift een years ago on 06.05.2010 and aft er m arriage, she was residing at her m at rim onial house at Baheri, Dist rict Bareilly. The allegat ions levelled against t he applicant s in t he FI R were vague. Learned counsel would furt her subm it t hat t he m at t er arises out of m at rim onial discord.

5. Per cont ra, learned counsel for t he St at e subm it s t hat t he evidence collect ed was placed before learned court below, which, aft er applying it s j udicial m ind, right ly sum m oned t he applicant s t o face t rial under t he said sect ion. t he learned counsel

6. Heard part ies available on record. perused t he t he m at erial

7. Taking int o t he fact t hat ot her m ain co- accused have been acquit t ed in t he t he applicant s have been t rial and charged wit h t he sam e- self offence as t he ot her co- accused, no fruit ful purpose would be served if t he applicant s are sent t o t he Trial Court for facing sim ilar t rial in which ot her m ain co- accused are acquit t ed on sam e charges on t he basis on sam e fact of evidence.

8. The Hon’ble Suprem e Court in a cat ena of j udgm ent s, has consist ent ly held t hat in m at rim onial disput es where levelled only specific allegat ions are against t he husband and m ot her- in- law, and t he m ain accused are subsequent ly crim inal acquit t ed, proceedings against t he rem aining co- accused serves no useful purpose. cont inuat ion The Hon’ble Suprem e Court in t he 9. case of ‘St a t e o f H a r y a n a v . Bh a j a n La l , report ed in A I R 1 9 9 2 SC 6 0 4 , has held t hat crim inal proceedings can be quashed if t hey am ount t o abuse of t he process of law or are based on vague or om nibus allegat ions. I n t he case of ‘D a r a La k sh m i N a r a y a n a o f Te l a n g a n a ’, report ed in ( 2 0 2 5 ) 3 SCC 7 3 5 , t he Hon’ble Apex Court reit erat ed t hat crim inal proceedings against in- laws wit hout specific allegat ions am ount t o m isuse of t he legal process. v . St a t e

10. I n t he present case, t he allegat ions m ade in t he com plaint are vague and do not disclose specific act s of cruelt y or dem and of dowry against t he present applicant s. I t appears t o be a case of ent ire over- im plicat ion wherein t he husband has been fam ily of crim inal unnecessarily dragged subst ant ive wit hout proceedings m at erial. int o t he

11. I n such circum st ances, allowing t he crim inal proceedings t o cont inue against t he applicant s would be an abuse of t he process of law. Therefore, t his Court is of t he considered view t hat it is a fit case t o exercise it s inherent j urisdict ion under Sect ion 482 Cr.P.C. t o secure t he ends of j ust ice. is allowed. Consequent ly,

12. Accordingly, t he present crim inal m isc. applicat ion filed under Sect ion 482 Cr.P.C. t he sum m oning order dat ed 20.12.2016 passed by learned Judicial Magist rat e, Rudrapur, Dist rict Udham Singh Nagar in Crim inal Case No. 14816 2013 under sect ion 498- A, 323, 504 and 506 of I .P.C & 3/ 4 of Dowry Prohibit ion Act , 1961 and t he ent ire proceedings arising out from it , are hereby quashed. Ujjwal (Alok Mahra, J.) 31.07.2025