Vandana Shukla and 4 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:86342

Court No. - 87

Case :- APPLICATION U/S 482 No. - 42584 of 2024

Applicant :- Vandana Shukla And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.

¶5

Hon'ble Prashant Kumar,J.

¶6

Heard Sri Lalit Kumar Tripathi, Advocate holding brief of Sri A.K. Shukla, learned counsel for the applicants, Sri Vishwa Jyoti Sahai, learned A.G.A. for the State-O.P. no.1 and perused the record.

¶7

The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the summoning order dated 23.07.2024 as well as the entire proceedings of Complaint Case No.2208 of 2024 (Shri Chandra Prakash Shukla vs. Vandana Shukla and others), under Sections 392, 323, 504, 506, 452 IPC, Police Station-Bithoor, District-Kanpur Nagar pending in the Court of A.C.J.M. Court no.1, Kanpur Nagar.

¶8

Learned counsel for the applicants submitted that applicant no.1 happens to be daughter-in-law of O.P. no.2 and she has earlier lodged an FIR on 18.04.2018 against her father-in-law (O.P. no.2), mother-in-law and brother-in-law with an allegation that they have kidnapped her husband. He submitted that complaint has been lodged by O.P. no.2 on 16.07.2022 against the applicants wherein it is alleged that applicants had tried to grab his property and also assaulted the wife of O.P. no.2. He submitted that O.P. no.2 does not want applicant no.1 to stay in his house. He further submitted that the applicants have never committed any offence as alleged against them.

¶9

Per contra, learned A.G.A. vehemently opposed the application and contended that the Court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings.

¶10

From the perusal of 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 relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.

¶11

Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992

¶12

Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-

¶13

"(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

¶14

(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

¶15

(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

¶16

(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

¶17

(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

¶18

(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.

¶19

(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

¶20

Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 , and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.

¶21

The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.

¶22

Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.

¶23

Order Date :- 22.5.2025 Manish Himwan

¶24

Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad

Vandana Shukla and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vandana Shukla and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases