Disposed

Sarvesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC22 Apr 2024A482/3661/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of a criminal complaint filed amid matrimonial litigation between the applicant's family and respondent No.2. Court found the complaint proceedings appear to be an abuse of process per Bhajanlal criteria, stayed proceedings pending counter affidavit and rejoinder.

What did the court decide?

Proceedings of the impugned complaint case stayed till further orders; notice issued to respondent No.2.

Sarvesh Kumar vs State of U.P. Thru. Prin. Secy… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 3661 of 2024

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Applicant :- Sarvesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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1.The petition has been filed under Section 482 CrPC for quashing impugned summoning order dated 1.6.2022 passed by Addl. Chief Judicial Magistrate, Court No.1, district Unnao and entire proceeding of complaint case No.1559 of 2022 (Krishna Prakash Singh versus Smt. Savita and others) under sections 427, 323, 504, 506 I.P.C., P.S. Kotwali, district Unnao, pending in the court of ACJM, Court No.1, district Unnao.

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2.Heard learned counsel for the petitioner and learned A.G.A. for the State.

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3.Learned counsel for the petitioner submits that the applicant is the brother-in-law of respondent No.2. There is matrimonial dispute between sister of the applicant and respondent No.2, as a result whereof, respondent No.2 filed a divorce petition, a copy of which has been filed as Annexure No.2 to the petition.The present complaint has been filed by respondent No.2 against the applicant only to exert undue pressure.

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Sister of the applicant has also filed an application under Section 125 CrPC (Annexure4). The applicant's sister has also filed an application under section 156(3) CrPC, which was registered case case crime No.291 of 2022 under sections 498-A, 323, 376 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Kotwali, district

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Unnao.

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Another application under section 156(3) CrPC (Annexure-6) was filed by the respondent No.2 against the applicant and other family members which was registered as complaint case No.62 of 2022 (now case No.749 of 2022). The respondent No.2 again filed a complaint case No.3135 of 2022 on 2.5.2022 via application under section 156(3) CrPC against the applicant and others.

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A witness of respondent No.2 has also filed an application under section 156(3) CrPC, registered as case No.M 277 of 2023 Rookmangal versus Survesh (Annexure-9).

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Thus, it is submitted that a number of frivolous complaints have been filed by respondent No.2 against the applicant only to exert pressure due to matrimonial dispute filed by sister of the applicant.

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Even, in this case, there is no injury report. The impugned proceedings are nothing but abuse of process of the court and has been filed as a counter blast to the matrimonial dispute case filed by the sister of the applicant.

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4.Considering the argument advanced and perusal of the record as also the judgment in State of Haryana and others versus Bhajanlal and others 1992 (Supp)1 SCC 335, I find that the proceedings of the impugned complaint case appear to be an abuse of process of law.

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5.Issue notice to respondent No.2.

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Four weeks' time is allowed to file counter affidavit, two weeks then for the rejoinder.

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6.List on 2.7.2024.

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7.Till further orders of the court, the impugned proceedings shall remain stayed.

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Order Date :- 22.4.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Sarvesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Sarvesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

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