Zeba Alias Zebun Nisa and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Allahabad HC13 Aug 2024A482/7139/2024

Case brief

AI extract

What is this about?

Applicants, alleged nanad and nandoi summoned in a domestic violence complaint with only vague instigation allegations, sought relief under Section 482 Cr.P.C./Section 528 BNSS against the summoning order. The court prima facie found no specific allegations and stayed proceedings against the petitioners pending counter affidavits.

What did the court decide?

Proceedings of Crl Misc Case No.1453 of 2024 stayed so far as they relate to the petitioners till next date of listing; counter affidavits permitted.

Zeba Alias Zebun Nisa and Another vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2024)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 7139 of 2024

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Applicant :- Zeba Alias Zebun Nisa And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Applicant :- Syed Sajjad Imam Rizvi Counsel for Opposite Party :- G.A.

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Hon'ble Abdul Moin,J.

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1. Heard.

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2. Instant petition under Section 482 Cr.P.C.-528 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed raising a challenge to the summoning order dated 04.07.2024 passed in Crl Misc Case No.1453 of 2024. Vide the said order, the petitioners have been summoned.

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3. Issue notice to respondent No.2 & 3.

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4. List on the date indicated in the notice.

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5. Contention of the learned counsel for the petitioners is that the petitioners are Nanad and Nandoi of the respondent No.2. It is contended that respondent No.2 got married on 14.10.2022. She has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in March, 2024, a copy of which is Annexure-2 to the petition, alleging harassment at the instance of her in-laws.

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6. It is contended that only allegation as has been levelled against the petitioners herein in para 6 of the complaint states that although the respondent Nos.5 and 6 in the complaint (petitioners herein) who live in Delhi but since the date of marriage, they started instigating the respondent No.2 and her family for dowry. It is alleged that said allegations have been levelled without any basis thereof, more particularly when as per the complaint itself the petitioners herein are residing at New Delhi.

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7. Placing reliance on the judgments of the Hon'ble Supreme Court in

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the cases of Geeta Mehrotra & Anr vs State of U.P. & Anr : (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam & Ors vs State of Bihar & Ors: (2022) 6 SCC 599 , the argument is that the Hon'ble Supreme Court in both the judgments has held that there is a general tendency of the complainant to involve all the members of the family of her husband. Further, it has been observed that where allegations are being levelled, such allegations should be specific and disclosure of active involvement of accused has to be emphasized.

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8. Having heard learned counsel for the petitioner and having perused the record, it prima facie emerges that no specific allegation against the petitioners has been levelled. Consequently it is apparent that the complaint which has been filed by respondent No.2 and the impugned summoning order are nothing but an abuse of process of law.

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9. Considering the aforesaid, prima facie a case for interference is made out. As such till the next date of listing further proceedings of Crl Misc Case No.1453 of 2024 shall remain stayed so far as it relates to the petitioners.

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10. Meanwhile, counter affidavit(s) may be filed.

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Order Date :- 13.8.2024

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Zeba Alias Zebun Nisa and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

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Zeba Alias Zebun Nisa and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

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