Single judge dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings. The court held that in cases of reciprocal complaints with similar allegations, neither version can be decided in summary proceedings; the trial court must determine the final facts.
The application lacked merit and was dismissed.
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.
Neutral Citation No. - 2023:AHC:224346
Court No. - 92
Case :- APPLICATION U/S 482 No. - 39960 of 2023
Applicant :- Santosh Kumar Urf Abdul And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Bhawan Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
filed a complaint case against the husband of the opposite party no. 2 and the said complaint was filed after about a month of the incident in the month of January, 2021 alleging similar allegations. Opposite party no. 2 has also filed similar complaint alleging an incident of 15.12.2020 against the applicants herein. In both the cases charge sheet have been filed and the accused persons have been summoned, therefore, in the considered opinion of this Court, which version is true could not be determined in summary proceedings and final determination has to be done by the trial court.
Order Date :- 28.11.2023 o.k.
Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad
3 issues framed by the court
Whether an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings in a case where parties have filed counter-blank complaint allegations of similar nature deserves interference
Whether the existence of reciprocal complaints alleging similar incidents precludes summary determination of truth in summary proceedings.
Whether the final determination of competing versions of events requires trial by a competent court.
1 provisions across 1 enactments
Santosh Kumar Urf Abdul And Another
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
