Dismissed

Raju Singh and 4 Others v. State of U.P. and Another

Allahabad HC20 Apr 2023A482/8205/2023

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash criminal proceedings. The court held that allegations of malafide intentions based on a prior domestic dispute could not be entertained, relying on principles from State of Madhya Pradesh Vs. Awadh Kishore Gupta.

What did the court decide?

None; application under Section 482 Cr.P.C. dismissed.

Raju Singh and 4 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 8205 of 2023

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Applicant :- Raju Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramanuj Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Ramanuj Tripathi, learned counsel for the applicants and Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants Raju Singh, Ashok, Gautam, Smt. Sudha and Smt. Priyanka with the prayer to allow the present application and quash the entire proceeding of Complaint Case No. 27602 of 2022 (Ramakant Vs. Rajju Singh and others) under Sections 323, 406, 504, 506 IPC and to quash the summoning order dated 02.09.2022 passed by Judicial Magistrate, Court No. 4, Mathura, Police Station Nauhjheel, District Mathura, pending before the court of learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.4, Mathura and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application.

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Learned counsel for the applicants argued that the applicants have been falsely implicated in the present. It is argued that Smt. Priyanka @ Pihu the applicant no.5 who is the daughter of applicant no.1 filed a complaint dated 16.03.2022 under Sections 498-A, 323, 504, 506, 406 IPC and 3/4 D.P. Act which is pending before the concerned trial court. The present proceedings are with malafide intentions.

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Perusal of the records and the order summoning the applicants cognizable offfence is made out. In so far as the ground relating to malafides is concerned which is raised on the ground that the applicant no.5 had filed a complaint with regards to a matrimonial discord prior to the lodging of the present complaint, the same cannot be looked into in view of the law laid down by the Apex Court in the case of State of Madhya Pradesh Vs. Awadh Kishore Gupta : (2004) 1 SCC 691 .

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In view of the same, prima facie, allegation against the applicants and the law as stated above, no case for interference is made out.

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The present application under Section 482 Cr.P.C. is thus dismissed .

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Order Date :- 20.4.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Raju Singh and 4 Others v. State of U.P. and Another

Case brief

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Raju Singh and 4 Others v. State of U.P. and Another

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