High Court
Case Details
Neutral Citation No. - 2025:AHC:121203 Reserved on 09.07.2025 Delivered on 24.07.2025 Court No. - 79 Case :- APPLICATION U/S 482 No. - 18854 of 2015
Legal Reasoning
Applicant :- Neeraj Tiwari Alias Avkash Tiwari And 4 Ors. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aniruddh Tiwari,Dhirendra Kumar Srivastav Counsel for Opposite Party :- R.V. Pandey,Satish Kumar Mishra Hon'ble Prashant Kumar,J. 1. Heard Sri Aniruddh Tiwari, learned counsel for the applicants, Sri Shashi Dhar Pandey, learned A.G.A. for the State-Opposite Party No.1, Sri R.V. Pandey, learned counsel for the opposite party no.3 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing of the summoning order dated 02-03-2013 as well as entire proceedings of complaint case no.269 of 2012, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Sakaldiha, district Chandauli. 3. The instant application arises out of a matrimonial discord. The marriage of O.P. No. 3 was solemnized with applicant No. 1 on 21-06-2010. Due to matrimonial disputes, O.P. No. 3 filed an application under Section 156(3) Cr.P.C., which was treated as 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 02-03-2013. The applicants have challenged the summoning order as well as the entire proceedings by means of the instant application. 4. It is submitted by learned counsel for the applicants that the complaint has been falsely lodged by Opposite Party No. 3 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.