Smt. Sunita Devi v. Surendra and Others), under Sections
Case Details
Neutral Citation No. - 2025:AHC:112806 Court No. - 79 Case :- APPLICATION U/S 482 No. - 26993 of 2008 Applicant :- Surendra And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- Govt. Advocate Hon'ble Prashant Kumar,J.
Legal Reasoning
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 summoning order dated 07-05-2008 as well as entire proceedings of Complaint Case No. 219 of 2008 (Smt. Sunita Devi Vs. Surendra and Others), under Sections 498-A, 323, 504, 506 IPC, P.S. New Cantt. Agra, district Agra. 3. The instant application arises out of a matrimonial discord. The marriage of O.P. No. 2 was solemnized with applicant No. 1 on 21-12-2004. 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 07-05-2008. The applicants have challenged the summoning order as well as 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 not only her husband (applicant no.1) but also other family members, 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.