High Court · 2025
Case Details
Acts & Sections
1. None appears on behalf of the applicants. Heard Sri Shashi Dhar Pandey, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Complaint Case No. 276 of 2007,(Smt. Soni Vs. Hari Shanker Sharma and others) arising out of case crime no. 128 of 2006, under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, P.S. M.M.Gate, district Agra.
3. The instant application arises out of a matrimonial discord. The marriage of O.P. No. 2 was solemnized with the son of applicant No. 1. Due to matrimonial disputes, O.P. No. 2 filed a complaint, alleging therein that she was subjected to various kinds of cruelty by the accused persons due to non-fulfillment of their demand for additional dowry. After recording the statements of the complainant and other witnesses under Sections 200 and 202 Cr.P.C., the police submitted a charge-sheet, and the applicants were summoned on 15-05-2009. The applicants have challenged the entire proceedings by means of the instant application.
4. It is submitted by the learned counsel for the applicants that the complaint has been falsely lodged by opposite party no. 2 with an oblique motive to harass the applicants, who have no direct involvement in the matrimonial affairs. It is pointed out that no specific role has been attributed to the family members, and the allegations levelled against them are vague, general, and omnibus in nature. It is contended that continuation of proceedings against them would amount to an abuse of the process of law.
5. To buttress his arguments, he has placed reliance upon judgments passed by the Hon’ble Apex Court in the cases of Achin Gupta v. State of Haryana, (2025) 3 SCC 756, Muppidi Lakshmi Narayana Reddy and others v. State of Andhra Pradesh and another; 2025 SCC Online SC 884, Kahkashan Kausar alias Sonam v. State of Bihar, (2022) 6 SCC 599.
1. None appears on behalf of the applicants. Heard Sri Shashi Dhar Pandey, learned A.G.A. for the State and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings of Complaint Case No. 276 of 2007,(Smt. Soni Vs. Hari Shanker Sharma and others) arising out of case crime no. 128 of 2006, under Sections 498A, 323, 504, 506, 406 IPC and 3/4 D.P. Act, P.S. M.M.Gate, district Agra.
3. The instant application arises out of a matrimonial discord. The marriage of O.P. No. 2 was solemnized with the son of applicant No. 1. Due to matrimonial disputes, O.P. No. 2 filed a complaint, alleging therein that she was subjected to various kinds of cruelty by the accused persons due to non-fulfillment of their demand for additional dowry. After recording the statements of the complainant and other witnesses under Sections 200 and 202 Cr.P.C., the police submitted a charge-sheet, and the applicants were summoned on 15-05-2009. The applicants have challenged the entire proceedings by means of the instant application.
4. It is submitted by the learned counsel for the applicants that the complaint has been falsely lodged by opposite party no. 2 with an oblique motive to harass the applicants, who have no direct involvement in the matrimonial affairs. It is pointed out that no specific role has been attributed to the family members, and the allegations levelled against them are vague, general, and omnibus in nature. It is contended that continuation of proceedings against them would amount to an abuse of the process of law.
5. To buttress his arguments, he has placed reliance upon judgments passed by the Hon’ble Apex Court in the cases of Achin Gupta v. State of Haryana, (2025) 3 SCC 756, Muppidi Lakshmi Narayana Reddy and others v. State of Andhra Pradesh and another; 2025 SCC Online SC 884, Kahkashan Kausar alias Sonam v. State of Bihar, (2022) 6 SCC 599.