Partly allowed

Ranjeet Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC9 Jul 2024A482/5929/2024

Case brief

AI extract

What is this about?

An application under Section 482 Cr.P.C. was filed to quash a summons order, charge sheet, and rejection of discharge application in a criminal case alleged to be based on a civil matrimonial dispute. The court observed the need for consideration and issued notice to the opposite party, staying the impugned proceedings.

What did the court decide?

Notice issued to opposite party No. 2 within seven days; proceedings stayed as respects the applicants till the next date of listing.

Ranjeet Singh and 3 Others vs State of U.P. Thru… — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5929 of 2024

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Applicant :- Ranjeet Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prem Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard.

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The present application U/s 482 Cr.P.C. has been filed for the following main relief:-

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"Wherefore, it humble prayed that this Hon'ble Court may kindly be pleased to:-

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(i)Quashing the impugned summoning order dated 07-10-2022 in Case No. 94688/2022 Crime No. 0223/2020 under section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station Madiyaon, District - Lucknow The State of U.P. versus Anshu Singh and others as Annexure No. 1 against the petitioners.

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(ii) Quashing the Charge sheet dated 03-03-2021 in Case No. 94688/2022, Case Crime No. 0223/2020 under section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station Madiyaon, District Lucknow The State of U.P. versus Anshu Singh and others.

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(iii) Quash the order dated 03-06-2023 rejected discharge application in Case No. 94688/2022 Crime No. 0223/2020 under section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station - Madiyaon, District - Lucknow The State of U.P. versus Anshu Singh and others."

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It is stated by learned Counsel for the applicants that on 30.11.2013 opposite party no.2 solemnized marriage with Anshu Singh S/o applicant no. 1 and 2 and thereafter on account of conduct of both these persons the applicant no.1 filed Regular Suit No. 0001748/2016 (Ranjeet Singh Versus Anshu Singh) impleading Anshu Singh and opposite party no.2 as defendants seeking degree of declaration against defendants and to create pressure in the pending suit in which the written statement has been filed by the opposite party no. 2, the present FIR was lodged making false allegations against the applicants as Case No. 94688/2022 Crime No. 0223/2020 under section 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station Madiyaon, District - Lucknow. Thus, the opposite party no.2 wants to give criminal colour to a civil dispute.

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It is further submitted that practicing of implicating entire family members has been deprecated by the Hon'ble Apex Court. In this regard reference has been

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made to the judgment passed by Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others reported in (2012) 10 SCC 741 and in the case of Kahkashan Kausar v. State of Bihar reported in (2022) 6 SCC 599 .

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Upon Due consideration, this Court finds that matter requires consideration.

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Accordingly, issue notice to the opposite party No. 2.

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Steps in this regard be taken within seven working days.

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List/put up this application on 30.07.2024 alongwith service report in this regard.

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Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relates to the applicants.

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Order Date :- 9.7.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Ranjeet Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Ranjeet Singh and 3 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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