High Court
Case Details
Neutral Citation No. - 2025:AHC:131145 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28211 of 2025 Applicant :- Shivpal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dur Vijay Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
Legal Reasoning
4. Submission is that the allegations in the complaint vis-a-vis the statements under Sections 200 and 202 of the Cr.P.C. are omnibus not specific and general in nature as nothing has been brought on record to substantiate the fact as to whether on 10.5.2024 any such offence has been committed particularly when the eyewitness of the same would be the daughter of the opposite party no.2, who has not even deposed about the said incident while specifying the date. Further submission is that in furtherance to disposal of the proceedings under Section 13B of the Hindu Marriage Act, the applicants have already approached this Court in the proceedings under Section 227 of the Constitution being No.3388 of 2024, wherein directions have been issued. Further submission is that there is neither any injury report nor any deposition which could support the prosecution theory as even otherwise, the statements under Section 200 and 202 of the Cr.P.C. and the other witnesses are not supporting the prosecution theory. 5. Learned counsel for the applicants submits that the applicants shall be filing the discharge application. 6. Learned State Law Officer on the other hand submits that whatever might be the statement of the daughter of the opposite party no.2 under Sections 200 Cr.P.C. and the statements of the other witnesses including of the complainant under Section 202 Cr.P.C. pinpoints criminality upon the applicants and further the case is triable and the Magistrate has considered the said aspect of the matter. He however, submits that he has no objection in case the applicants prefer discharge application.
Arguments
1. Heard Sri Dur Vijay Singh, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State. 2. The case of the applicants is that they are husband, Jeth and Nandoi. Marriage of the daughter of the opposite party no.2 stood solemnized with the applicant no.1 on 18.5.2021. A proceeding under Section 156(3) Cr.P.C. stood initiated by the opposite party no.2 on 28.6.2024, under Sections 498A, 323, 504, 506, 354, 307 IPC read with Section 3/4 of the D.P. Act with an allegation that though in the marriage huge expenditure was incurred and gifts were being offered but the applicants herein were not satisfied with the gifts and they assaulted committed marpeet and maltreated the opposite party no.2. It is also alleged that the daughter of the opposite party no.2 could not tolerate such type of treatment so she came to her maternal house and a Panchayat was also convened but the things could not materialize in that regard but the daughter of the opposite party no.2 was sent to her matrimonial house which anticipable hope that things would materialize and pacify. Allegation is also to the extent that 10.5.2024 the applicants herein along with other family members, tore the clothes daughter of the opposite party no.2 and disrobed her and threw out of the matrimonial house and when the said fact was apprised to the opposite party no.2 then again good books were being extended to pacify the things and to make the things normal, however, on 20.6.2024 the applicants herein did not hear anything, however, threatened that in case Rs.4 lakh is not offered no access would be permitted to the daughter of the opposite party no.2, a complaint was also lodged on 20.6.2024 before the police station and a complaint was also lodged on 24.6.2024 before the Senior Superintendent of Police and on 28.6.2024 the complaint was lodged the proceedings under Section 156(3) of the Cr.P.C. came to be initiated. Post recording of the statement of the complainant under Section 200 Cr.P.C. followed by the statement of the victim daughter of the opposite party no.2 on 23.1.2025, Rakesh Kumar, the applicants herein came to be summoned under Section 323 IPC read with Section 3/4 of the D.P. Act on 17.4.2025. 3. Learned counsel for the applicants has submitted that the allegations so sought to be levelled, they are nothing but incorrect facts and bundle of lies. He seeks to submit that first of all there are material contradictions in the statements under Sections 200 & 202 Cr.P.C. vis-a-vis the allegations in the complaint. It is submitted that proceedings under Section 13B of the Hindu Marriage Act stood initiated by the applicant no.1 and the daughter of opposite party no.2, being Case No.9 of 2024 before the Court of Principal Judge, Family Court, Kasganj on 17.1.2024 wherein in para 4, it was asserted that the daughter of the opposite party no.2 is living separately w.e.f. 20.12.2022 and the present complaint had been lodged on 28.6.2024 but a further perusal of the statement of the daughter of the opposite party no.2 is clear that the opposite party no.2 had at no point of time post being thrown out from the matrimonial house had gone back and further she does not know the date when she was assaulted by the applicant no.1.
Decision
7. Having heard the submissions so made across the bar bearing in mind the allegations and the provisions under which the applicants are summoned and looking over the facts situation without going into the merits of the matter the application stands disposed of directing the applicants to submit a discharge application by 24.8.2025 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 strictly in accordance with law. 8. Till the discharge application is decided, no coercive action is being taken against the applicants in pursuance of the order dated 17.04.2025 passed by passed by Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Court No.22, Etah in Criminal Case No. 8527 of 2024, Shyam Singh Vs. Shivpal and others, under sections323, IPC and 3/4 D.P. Act, police station: Jasrathpur, District: Etah. 9. In the event of default of any of the conditions by the applicants as referred to above, the protection shall stand vacated without reference to the Bench. Order Date :- 5.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad