This High Court dismissed an application under Section 482 CrPC seeking to quash the summoning order in a criminal complaint alleging cruelty, unreasonable demands for dowry and mental harassment. The court held that prima facie sufficient grounds existed for issuing the summons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 77
Case :- APPLICATION U/S 482 No. - 710 of 2020
Applicant :- Amit Dubey Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicant, Amit Dubey, with a prayer for setting aside summoning order, dated 3.5.2019, passed by the Chief Judicial Magistrate, Mainpuri, in Complaint Case No. 1516 of 2018, Sapna vs. Amit Dubey, under Sections-406, 504 and 506 of IPC, Police Station- Kotwali, District-Mainpuri, as well as entire proceeding.
Learned counsel for applicant argued that the parties had a dispute, under Section 13 of the Hindu Marriage Act, wherein, a decree of divorce has been passed. No such entrustment was ever there nor any breach of trust, even then, impugned summoning order has been passed. Hence, this Application, under Section 482 of Cr.P.C., has been filed, with above prayer.
Learned AGA, representing State of U.P., has vehemently opposed this Application.
From very perusal of the plaint, filed for decree of divorce, it is apparent that it has specifically been said Rs.49,000/- was paid through Bank and it was admitted in the written statement, mentioned in the judgment of above suit that this money was transacted by the father of the complainant, though this has been written that it was paid back, but the complainant and the statements, recorded, under Sections 200 and 202 of Cr.P.C. is of this fact that Stridhan was not returned and it was usurped by the accused-applicant.
Next contention is of assault and abuse on the basis of which cruelty and decree for divorce was decided.
Hence, prima facie there was sufficient ground for
passing of the impugned order and, as such, there is no ground for granting any indulgence by this Court, in this proceeding.
Accordingly, this Application, being devoid of merits, deserves to be dismissed and it stands dismissed as such.
Order Date :- 17.1.2020bgs/
1 issue framed by the court
Whether the application for quashing the summoning order under Section 482 CrPC deserves to be allowed or not.
1 provisions across 1 enactments
Amit Dubey
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
