Vishambhar Awasthi and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:95144

Court No. - 52

Case :- APPLICATION U/S 482 No. - 43830 of 2024 Applicant :- Vishambhar Awasthi And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.

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Heard Sri Manvendra Singh, learned counsel for the applicants as well as Sri S.K. Singh, learned AGA for the State.

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This is an application U/s 482 Cr.P.C. filed for quashing the impugned summoning order dated 25.11.2024 passed by ACJM, court no.2 Fatehpur in complaint case no. 9247 of 2024 (Shrawan Kumar vs. Vishambhar Awasthi and Ors) U/s 323, 452 IPC, P.S. Husainganj, District Fatehpur.

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Learned counsel for the applicant submitted that a complaint was lodged by the opposite party no.2 against the applicant who happens to be the son-in-law whose marriage stood solemnized with the daughter of Nidhi on 18.04.2017. The allegation is that though the wife of opposite party no.2 used to stay in her matrimonial house but her nature and inclination was tilted towards her maternal house and she used to very often go to her maternal house and her treatment was not good towards in her inlaws. She had taken the jewellery of the mother of opposite party no.2 with herself and she used to demand that the opposite party no.2 should be under her. The allegation is that on 07.04.2024 at 11:30 hours the applicants had barged into the house of opposite party no.2 and thereafter administered beating extended threat and took away the stree-dhan of the mother and the valuables and committed maar-peet and also pushed the opposite party no.2. Post recording of the statement U/s 200 Cr.P.C of opposite party no.2 & statement U/s 202 Cr.P.C. of independent witnesses namely Rajesh Kumar Pandey, Kshitij Dwivedi, the applicants herein have been summoned on 25.11.2024 U/s 323, 452 IPC.

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Questioning the summoning order, the present application has been filed.

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Learned counsel for the applicants has submitted that applicants are innocent and it is on account of matrimonial discord that the said resulted in lodging of the complaint. It is further submitted that with relation to the offences U/s 498A, 377, 313, 323, 504,

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506 IPC read with Section 3/4 D.P. Act. An FIR was lodged by the wife of opposite party no.2 against the opposite party on 14.05.2024. He further submits that a charge-sheet has been submitted against them and further another FIR has been lodged U/s 507, 504, 506 IPC on 06.05.2024 against on Bholu. It is lastly submitted that the applicants are innocent.

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Learned AGA on the other hand submits that from the perusal of the statement recorded U/s 200 & 202 Cr.P.C. vis-a-vis the complaint, it is apparent that prima-facie offences are made out.

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I have heard the submissions so made across the bar and perused the record carefully.

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At the instance of the applicants, challenge has been raised to a summoning order. Summoning the applicants U/s 323 & 452 IPC. There are certain criteria for adjudging whether the summoning orders suffers from any illegality or not. Amongst other of the criteria inevitably would be the allegations and the statement U/s 200 & 202 Cr.P.C. The Court finds that with respect to the allegations contained to the incident dated 07.04.2024, the statements of the witnesses U/s 200 & 202 Cr.P.C. are intact and they support the prosecution theory. As regards the submissions of the counsel for the applicants that there happens to be a matrimonial discord which emanated in lodging of the proceedings is concerned, the Court at this stage is not required to delve into the said issue, particularly when the complaint was lodged on 16.04.2024 and the FIR lodged by the wife of opposite party no.2 on 14.05.2024. In any matter in view of the judgment in the case of Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and others AIR 2021 SC 1918 Apex Court had flagged a note of caution wherein certain parameters were enunciated for interference at the stage of Section 482 Cr.P.C./ 528 BNSS accordingly, this Court is not required to go into the factual aspect and no ground is made to interfere.

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The present application is hereby dismissed.

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Order Date :- 3.6.2025 /C. MANI

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( Vikas Budhwar,J. )

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Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad

Vishambhar Awasthi and 3 Others v. State of U.P. and Another

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