Rajeev Vishwas and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Rajeev Vishwas and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer for quashing declined; however, the applicants are permitted to move a discharge application through counsel within 30 days, to be disposed of by the Trial Court by a reasoned and speaking order within two weeks thereafter, and no coercive measures shall be taken against them for 30 days or until disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the application under Section 482 Cr.P.C. seeking to quash the summoning order dated 19.07.2022, the revisional order dated 01.10.2024 and the entire proceedings of Complaint No. 1278 of 2021 should be allowed.

Court's answer

On perusal of the material on record and the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.

Ratio / Principle

All the submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C.

Key takeaways

The power to quash may be exercised only in cases where the Court finds failure of justice or abuse of procedure, to prevent abuse of process and secure the ends of justice.ratio¶10
The prayer for quashing the summoning order, the revisional order and the complaint proceedings is declined.ratio¶11
In the interest of justice, if the applicants move a discharge application at the appropriate stage through counsel within 30 days, the Trial Court shall dispose of it by a reasoned and speaking order in accordance with law within two weeks thereafter.

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — Quashing refused where matter involves disputed questions of fact. Application to quash summoning order dated 19.07.2022 in Complaint No. 1278 of 2021 (Sections 498A, 323, 504, 506 IPC; s.3/4 Dowry Prohibition Act) and the Sessions Judge, Firozabad's order dated 01.10.2024 in Criminal Revision No. 71 of 2023 was declined by the Allahabad High Court (Nand Prabha Shukla, J.), holding that no failure of justice or abuse of procedure was shown. The applicants were left free to move a discharge application through counsel within 30 days, to be decided by a reasoned and speaking order within two weeks, with protection from coercive measures for 30 days or until its disposal, whichever is earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 41125 of 2024

Rajeev Vishwas And 2 Others

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Varun Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 19.07.2022 passed by Civil Judge (Junior Division) FTC-II Firozabad in Complaint No. 1278 of 2021 under Sections 498A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act (Smt. Soma Viswas vs. Rajeev Viswas and others) and order dated 01.10.2024 passed by the Sessions Judge, Firozabad in Criminal Revision No. 71 of 2023 (Rajeev Vishwas and others vs. Smt. Soma Vishwas and another) as well as entire proceeding of Complaint No. 1278 of 2021 under Sections 498A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act (Smt. Soma Viswas vs. Rajeev Viswas and others) pending in the Court of Civil Judge (J.D.) FTC-II, Firozabad.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice.

Accordingly, prayer for quashing is declined.

A482 No. 41125 of 2024

2

However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case.

With the aforesaid direction, this application is disposed of.

(Nand Prabha Shukla,J.)

September 4, 2025 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad