Paras And 2 Others v. Singh

Heard Shri R.K. Paramhans Singh, learned counsel for the applicants and Shri V.P. Sahu, learned A.G.A. for the State.

The instant application under Section 528 B.N.S.S. has been filed seeking quashing of the charge-sheet Dated 27.04.2025 as well as impugned cognizance/summoning order dated 29.08.2025 passed in Criminal Case No. 0486 of 2025 (State vs. Paras and Ors.) arising out of Case Crime No. 0101 of 2025 under Sections 498-A, 323, 504, I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station- Handia, District- Prayagraj, pending in the court of Additional Chief Judicial Magistrate- 8th, Prayagraj.

Learned counsel for the applicants submits that the opposite party no. 2 has voluntarily left the matrimonial house. Thereafter the applicant no. 1 has filed an application under section 9 of the Hindu Marriage Act for restitution of conjugal rights. Thereafter the opposite party no. 2 has lodged the instant FIR making false and concocted allegations against the applicants herein. Therefore, learned counsel for the applicants seeks quashing of the entire proceedings of the instant case.

Per contra, learned A.G.A. submits that in the FIR there are categorical allegation of demand of dowry and the harassment by the applicants to the opposite party no. 2. The allegations are duly supported by the statement of the victim opposite party no. 2 as well as the statement of her parent and brother. On the basis of the aforesaid statement primafacie case has been 2 NA528 No. 38864 of 2025 found by the investigating agency against the applicants accordingly charge sheet was also filed on 27.4.2025 against the applicants herein. Having considered the matter and the statement of the witnesses the trial court has found a primafacie case against the applicants herein and summoned them vide order dated 29.8.2025. Therefore, learned A.G.A. submits that since a primafacie case is made out against the applicants, therefore, in the light of the judgement in the case of State of Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315, no interference is called for by this court in the instant case.

Having heard the rival submissions made by the learned counsel for the parties this court has carefully gone through the record of the case. The allegations as made in the FIR are duly supported by the statement of the informant under section 161 Cr.P.C. and primafacie case is made out against the applicants. In view thereof this court does not find any good reason to entertain the instant application.