Smt. Neelam @ Anshu and 4 Others Vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 6343 of 2023

Smt. Neelam @ Anshu And 4 Others

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: :	Upendra Kumar Pushkar Daya Shanker Pandey, G.A.

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Court No. - 75

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HON'BLE SAMIT GOPAL, J.

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Heard Sri Lal Bahadur, Advocate holding brief of Sri Upendra Kumar Pushkar, learned counsel for the applicants, Sri Ram Prakash Shukla, learned counsel for the State/Opposite Party No.1 and perused the records.

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Sri Daya Shanker Pandey, learned counsel for the opposite party no.2 is not present even when the matter has been taken up in the revised call.

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Records show that previously when the matter was listed on 15.09.2025, the opposite party no.2 was not represented and the Court had ordered that the matter be proceeded exparte. The order passed therein reads as under:-

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"List has been revised. No one appears on behalf of opposite party no.2.

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The opposite party no.2 is proceeded ex-parte.

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List on 10th December, 2025.

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Interim order granted earlier shall remain in currency, till the next date of listing."

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The records do not show filing of any counter affidavit by the opposite party no.2.

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Learned counsel for the State submits that the present case is a complaint case and he does not propose to file any counter affidavit. The

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Court, thus, proceeds to hear the matter.

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The facts of the case are that a complaint dated 01.12.2021 was filed by the Naresh Kumar- opposite party no.2 against the applicants, Smt. Neelam @ Anshu/applicant no.1, Khajan Singh/applicant no.2, Smt. Rekha Devi/applicant no.3, Ravi/ applicant no.4 and Bhura/ applicant no.5 before the court of Additional Chief Judicial Magistrate, Khurja (Bulandshahar) for offences under Sections 420, 406, 504, 506 IPC, Police Station Khurja Dehat, District Bulandshahar alleging therein that he was married to Neelam @ Anshu on 29.04.2013. The marriage was without any gift and dowry. After some days of marriage, their used to be fights between them and his wife used to go back to her maternal house and returned back after many days and then stated that she does not want to live with the complainant. Due to the cruel temperament of Neelam, father of the complainant used to live in tension and subsequently on 09.01.2021 he died. Subsequently, Neelam used to go from the house without informing anyone, which was an indication that she does not want to live with him as his wife. The complainant and his mother had given ancestral jewelry to Neelam to keep with her. When the complainant asked her to return it, she demanded Rs. 50,000/- and stated that she would only return it when he gives her freedom from the marriage and also gives money for it. On 12.10.2021 Neelam called her maternal house on phone and called her family members, who arrived there and then at about 3:00 PM, she with the help of the family member took away ancestral jewelry valued about 1 lacs, cash money Rs. 50,000/- and went to her maternal house. When she was about to go, the complainant made all efforts to stop her but she went away against his wishes. On 27.10.2021 and 5.11.2021, the complainant went to Neelam to bring her back, where her family members ill-treated him and she refused going back. He then tried to lodge a report at the police station on 5.11.2021 which has not been registered till date. He then moved an application on 20.11.2021 before the S.S.P., Bulandshahar but no action was taken, thus, the complaint is being filed. In support of the complaint, statement of the complainant Naresh Kumar was recorded under Section 200 Cr.P.C. and that of his witnesses namely Smt. Saroj Devi was recorded as PW-1 under Section 202 Cr.P.C. and of Anil Kumar (the neighbor of the complainant)

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was recorded as PW-2 under Section 202 Cr.P.C. The trial court concerned then vide order dated 17.12.2022 passed by the Additional Chief Judicial Magistrate, Khurja, Bulandshahar summoned the applicants as accused for offence under Section 406 IPC. The present Application U/s 482 Cr.P.C. has, thus, been filed before this Court.

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The records show that on 22.03.2023, following order was passed by the coordinate Bench of this Court:-

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"Heard learned counsel for the applicants and learned AGA for the State.

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The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 17.12.2022 passed in Complaint Case No. 1074 of 2021 (Naresh Kumar Vs. Smt. Neelam @ Anshu and others), under Section 406 IPC, Police Station Khurja Dehat, District Bulandhahr, pending in the Court of Addl. Chief Judicial Magistrate Khurja, District Bulandshahr.

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It is submitted that the applicant no.1 is the wife of opposite party no.2, applicant nos. 2, 3, 4 and 5 are the father, mother and brothers of the applicant no.1 respectively. Earlier, the applicant no.1 has lodged an FIR against the opposite party no.2-husband and his family members on 13.11.2021 registered as Case Crime No.168 of 2021, under Sections 498-A, 323, 354 Kha, 504, 506 IPC and Section 3/4 D.P.Act, Police Station Mahua Khera, District Aligarh. In the said case, after investigation, cognizance was taken by the court concerned on 18.01.2022. In counter blast to the said proceedings, the instant prosecution has been instituted against the applicants for the purposes of harassment.

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Matter requires consideration.

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Learned AGA has accepted notice on behalf of the State.

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Issue notice to the opposite party no.2 by registered post AD.

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The opposite parties may file their respective counter affidavits within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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Place this case in the additional cause list on 24.05.2023.

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Till the next date of listing, no coercive measure shall be taken against the applicants in the aforesaid case."

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Subsequently, the matter was listed on 13.12.2023, 29.02.2024, 24.07.20225 and 15.09.2025, wherein on 13.12.2023 and 15.09.2025, there was no representation on behalf of the opposite party no.2. On 24.07.2025, learned counsel for the opposite party no.2 had prayed for three weeks' time to file counter affidavit. There is no counter affidavit on record and neither does learned counsel for the applicant state that any such counter affidavit has been served on him.

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The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case. It is submitted that the applicant no.1 is the wife of the opposite party no.2, the applicant nos.2 and 3 are the father-in-law and mother-in-law respectively of the opposite party no.2 and the applicant nos.4 and 5 are the brother-in-laws of the opposite party no.2. It is further submitted that the dispute in the present matter is a matrimonial dispute. The applicant no.1 was married to the opposite party no.2 and there was a matrimonial discord for which a first information report was lodged on 13.11.2021 as Case Crime No.0168 of 2021, under Sections 498A, 323, 354(Kha), 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mahua Kheda, District Aligarh by the applicant no.1 against Naresh Pal Singh, Saroj, Yashpal, Mithilesh and two unknown persons. It is submitted that the said matter was investigated and a charge sheet dated 02.12.2021 was filed for offences under Sections 498A, 323, 354(Kha), 504, 506 IPC and Section 3/4 of Dowry Prohibition Act against the said accused. It is submitted that in so far as the two unknown persons were concerned, they were not charge sheeted. It is further submitted that the implication of the applicant nos. 2 to 5 in the present matter is only on account of the facts that they are family members of the applicant no.1 Smt. Neelam @ Anshu. It is submitted that there are general and omnibus allegations leveled against the said applicants. It is further submitted that there is no specification of allegations with regards to the applicant nos.2 to 5. It is further submitted that even the statements of the complainant and the witnesses recorded by the trial court during inquiry do not spell out any specification of allegations against the said four applicants. It is further submitted that in so far as applicant no.1 is concerned, since she has a lodged First Information Report earlier against the complainant/opposite party no.2

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and his family members on 13.11.2021 the present complaint has been filed after about 17 days of the same on 01.12.2021 falsely implicating her and her family members. It is further submitted that the present application be thus allowed.

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Per contra, learned counsel for the State has opposed the arguments and the prayer made in the present application.

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After having heard learned counsels for the parties and perusing the records, it is evident that applicant no.1 was married to the opposite party no.2. The other applicants are the family members of the applicant no.1. The applicant no.1 had a matrimonial discord with the opposite party no.2 and thus the First Information Report was lodged by her against opposite party no.2 and his family members on 13.11.2021. In the said matter, a charge sheet dated 02.12.2021 has been filed. In the meantime, the present complaint dated 01.12.2021 has been filed by the opposite party no.2 against his wife and her family members. In so far as applicant nos.2 to 5 are concerned, they are family members of the applicant no.1. There are general and omnibus allegations levelled against him. The Application in so far as it relates to applicant nos.2 to 5 are concerned, stands allowed. The proceedings against them including summoning order dated 17.12.2022 is hereby quashed. In so far as applicant no. 1 is concerned, the application stands dismissed.

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