Dismissed

Jagdish Vaidh and 2 Others v. State of U.P. and Another

Allahabad HC12 Sept 2022A482/22339/2022

Case brief

AI extract

What is this about?

The single judge dismissed an application under Section 482 CrPC seeking quashment of a summoning order. The High Court held that the complaint prima facie disclosed offences of rape and assault, and enmity is not a standalone ground to quash when a prima facie case exists.

What did the court decide?

The application under Section 482 CrPC seeking quashment of the summoning order was dismissed.

Jagdish Vaidh and 2 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 89

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Case :- APPLICATION U/S 482 No. - 22339 of 2022

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Applicant :- Jagdish Vaidh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Rahul Saxena, learned counsel for the applicants and Dr. S.B.Maurya, learned AGA-I, for the State.

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The instant application has been moved on behalf of the applicant with the prayer to quash the summoning order dated 2.7.2022 passed by Civil Judge (Senior Division),FTC/Additional Chief Judicial Magistrate, Pilibhit in Complaint Case No. 111 of 2019 whereby applicant no.1 has been summoned under Section 376 IPC and applicants no.2 and 3 were summoned under Section 323 IPC.

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Learned counsel for the applicants submitted that the impugned complaint filed against the applicants is based on false and frivolous facts and it has been filed with malicious intention only due to the reason that earlier applicants have lodged a criminal complaint against the husband of opposite party no.2 and the husband of opposite party no.2 was summoned under Sections 323 and 504 IPC.

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He next submitted that even from the perusal of impugned complaint it appears that it is based on false

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and frivolous facts and the facts narrated in the impugned complaint appears to be highly improbable but in spite of that court below issued summons against the applicants.

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Per contra, learned AGA submitted that from the perusal of the complaint, it is apparent that applicant no.1 committed rape with opposite party no.2 and rest of the applicants also assaulted and abused opposite party no.2, therefore, it cannot be said that no offence under Section 376 IPC is made out against applicant no.1 and no offence under Section 323 IPC is made out applicants no.2 and 3. He next submitted that on the ground of previous enmity proceedings pending against the applicants cannot be quashed and, therefore, there is no illegality in the impugned summoning order passed against the applicants.

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I have heard learned counsel for both the parties and perused the record of the case.

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The instant impugned complaint has been filed by opposite party no.2 against the applicants on 13.2.2019.

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From the perusal of the impugned complaint it reflects that there is allegation of rape against applicant no.1 and applicants no.2 and 3 also assaulted and abused opposite party no.2. Therefore, from the perusal of the complaint prima facie offence under Section 376 IPC is made out against applicant no.1 and offence under Section 323 IPC is also made out against applicants

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no.2 and 3.

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The argument of enmity cannot be appreciated at this stage as the law is settled that the enmity is double edged weapon which cuts both the sides and if a person can be implicated on the basis of enmity then a person can also commit offence on the basis of enmity. Further the argument of enmity and the defence taken by applicants cannot be appreciated at this stage as mini trial is not possible at this stage.

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In view of the above, the instant application filed on behalf of the applicant is devoid of merit and is hereby dismissed.

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Order Date :- 12.9.2022 SKM

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Digitally signed by SHRAVANA KUMAR MISHRA Date: 2022.09.17 15:26:56 IST Reason: Location: High Court of Judicature at Allahabad

Jagdish Vaidh and 2 Others v. State of U.P. and Another

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Jagdish Vaidh and 2 Others v. State of U.P. and Another

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