Application under Section 482 Cr.P.C. seeking quash of summoning order in a domestic assault case was rejected by the High Court. The Court held that a cognizable offence was disclosed and facts required inquiry, hence the special leave was not warranted.
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Court No. - 50
Case :- APPLICATION U/S 482 No. - 10754 of 2022
Applicant :- Kaushma Rastogi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
Instant application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 25.11.2021 passed by the Chief Judicial Magistrate, Shahjahanpur in Complaint Case No. 3155 of 2020 (Smt. Nisha Agrawal vs. Kushma Rastogi & others).
As per the facts of the case, an application under Section 156(3) Cr.P.C. was moved by the opposite party no. 2 on 24.1.2020 levelling various allegations against the applicants. The said application was directed to be registered as Complaint under Section 195Ka, 395, 452, 504, 506 I.P.C. Admittedly, three cases are pending between the parties. As per the complaint, the present applicants are stated to have entered into the house of the opposite party no. 2, used abusive language and assaulted her son. It is also alleged that the applicants were putting pressure on her to compromise in Case No. 6277 of 2018.
Learned counsel for the applicants has argued that the factum of the complaint are totally false. Had the allegations been true, then FIR would have been lodged against the applicants. So the allegations being false, a prayer is made to quash the summoning order dated 25.11.2021.
From perusal of the complaint, a cognizable offence appears to have been committed. The power under Section 482 Cr.P.C. is an extra-ordinary power, which is to be exercised sparingly. The facts need enquiry. It is incumbent upon the Court not to embark upon the enquiry at the stage of Section 482 Cr.P.C.
In my opinion, the application has no merits and is liable to be rejected.
The application is, accordingly, rejected.
Order Date :- 12.5.2022 nd
Digitally signed by NISITH DEY Date: 2022.05.13 16:44:49 IST Reason: Location: High Court of Judicature at Allahabad
5 provisions across 2 enactments
Kaushma Rastogi
Sadhna Rani (Thakur)
As recorded by the court registry
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