Allahabad High Court
Virendra Singh vs State Of U.P. And Another on 22 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:119836 Court No. - 75 Case :- APPLICATION U/S 482 No. - 30041 of 2023 (Leading Application) Applicant :- Virendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- Bal Mukund Singh,G.A.,Sunil Kumar Chaudhari with Case :- APPLICATION U/S 482 No. - 29932 of 2023 (Connected C1 Application) Applicant :- Smt. Sheela And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- Bal Mukund Singh,G.A.,Sunil Kumar Chaudhari with Case :- APPLICATION U/S 528 BNSS No. - 20177 of 2025 (Connected C2 Application) Applicant :- Smt. Sheela Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Rajrshi Gupta along with Shri Rizwan Ahamad, learned counsel for the applicant in leading application and connected C1 & C2 applictions and Sri S.P. Singh, learned State Law Officer for the State as well as Ms. Nishtha (U.P. 13018/2025) holding brief of Shri Bal Mukund Singh, counsel for opposite party no. 2.
2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage.
3. The facts of the leading application are that the applicant therein Virendra Singh son of Ganga Ram Singh, marriage stood solemnized with the opposite party no. 2 on 29.06.2017 and the proceedings initiated under Section 156(3) Cr.P.C. for the offences under Sections 498A, 323, 504, 506, 354, 120B IPC read with Section 376 IPC and 3/4 of the D.P. Act, at the time of marriage which was solemnized on 29.06.2017, expenditure worth of Rs. 20 lakhs was incurred and a four wheeler was also gifted and a daughter was born from the wedlock, however, the applicant herein along with applicants in the connected applications were not happy with the offerings/ gift and they demanded additional dowry of Rs. 15 lakhs and when the same was not being fulfilled then all sorts of maltreatment, assault was being sought to be made and the opposite party no. 2, wife was subjected to ill-treatment. It is also alleged that the brother-in-law and the opposite party no. 2 had a bad eye upon her and he used to take advantage of the absence of the husband of the opposite party no. 2 when he was pre-occupied in his official duty. It is also alleged that the opposite party no. 2 was subjected to mental and physical trauma and even the mother-in-law and the sister-in-law used to catch hold of the hair of the opposite party no. 2. It is also alleged that in June, 2021 when the husband of the opposite party no. 2 was in his duty then the elder brother-in-law and younger brother-in-law entered into room where the opposite party no. 2 was sitting and attempted to outrage her modesty. Even in December, 2022 a Panchayat was convened and good books were used to get the matter resolved but the applicants were firm in their demand and on 19.02.2023, the in-laws of the opposite party no. 2 being the applicant assaulted, hurled abuses and threw the opposite party no. 2 and the child out of the matrimonial house. Thus proceedings under above noted sections stood initiated which transformed into the complaint case and post recording of the statements under Section 200 and 202 Cr.P.C., the applicant in the leading application who happened to be the husband came to be summoned under Sections 498A, 323, 504, 506 IPC read with Section 3/4 D.P. Act by the Court of First Additional Civil Judge (Sr. Div.)/ A.C.J.M., Amroha.
4. Questioning the same, the leading application came to be preferred wherein on 18.10.2023, the matter was referred for mediation subject to deposit of certain amount and interim protection was accorded, however, the mediation was completed but there was no agreement.
5. As regards, the connected C1 application, the same came to be preferred by the mother-in-law and the father-in-law wherein the complaint is same and the applicants in the connected C1 application who are father-in-law and mother-in-law, they are also summoned under Sections 498A, 323, 504, 506 IPC read with Section 3/4 D.P. Act and a challenge in the connected C1 application, the matter was referred to mediation on 18.10.2023, however, mediation fee was not deposited thus mediation became unsuccessful.
6. With respect to connected C2 application is concerned, the same has been preferred by father-in-law and mother-in-law against the non-bailable warrants and proceedings under Section 82 Cr.P.C. dated 03.01.2025 and 21.05.2025 arising out of Complaint Case No. 1463 of 2023 (Smt. Neeraj Vs. Virendra Singh and others) under Sections 498A, 323, 504, 506 IPC read with Section 3/4 D.P. Act.
7. Learned counsel for the applicant has submitted that proceedings under Section 156(3) would clearly reveal that only general and omnibus allegations have been sought to be levelled though the allegations have been levelled against the brother-in-law regarding outraging the modesty but he has not been summoned which shows that the allegations in the proceedings under Section 156(3) Cr.P.C. are bundle of lies just in order to exert pressure and dictate terms. Submission is that though the reference has been made in para 4 of the proceedings under Section 156(3) Cr.P.C. while referring to the month June, 2021 in para-5 December, 2022 referring commission of the offences but there is no date has been mentioned regarding commission of the offences. Even there is no medical report available on record and had the opposite party no. 2 been subjected to assault and she received injuries then obviously there ought to have been some medical records in order to substantiate the same. He further submits that only on the basis of the general and omnibus allegations, the applicants have been summoned as he seeks to rely upon the judgment of the Hon'ble Apex Court in Kahkashan Kausar @ Sonam and others v. State of Bihar and Others; 2022 (6) SCC 599.
8. He further submits that even the statements under Sections 200 and 202 Cr.P.C. are tailor-made just in order to suit the circumstances of the opposite party no. 2 and further the court below in a routine manner without recording any satisfaction about the application of the said penal sections has summoned the applicant. He however submits that as per the instructions received from his client who are applicants in the leading and connected applications, the applicant shall be filing of a discharge application and till discharge application is decided, no coercive action shall be taken.
9. Ms. Nishtha, counsel for the opposite party no. 2 in the leading and connected applications submits that offences are made out from the perusal of the statements under Sections 200 and 202 Cr.P.C. vis-a-vis the allegations in the proceedgins under Section 156(3) Cr.P.C. She submits that there are specific instances recited in the complaint. However, according to the instructions received from her client, her anxiety that the proceedings were linger on and afterall it is for the applicant to participate and to contest the trial. She submits that in case the applicant seeks to file discharge application then she has no objection.
10. Learned State Law Officer submits that it is always open for the applicant to prefer discharge application.
11. Looking into the overall facts of the case, nature of allegations, stand taking by the parties without going into the merits of the matter, the application is disposed of directing the applicants to submit a discharge application by 08.08.2025 to take all legal and factual grounds which are advisable and permissible under law and on the said motion, the court below shall decide the discharge application with most expedition strictly in accordance with law.
12. Till the discharge application is decided, no coercive action is being taken against the applicants in leading application in pursuance of the cognizance/ summoning order dated 21.04.2023 as well as entire proceedings of Complaint Case no. 1463 of 2023 (Smt. Neeraj Vs. Virendra Singh and others), under Sections 498-A, 323, 506 and 504 I.P.C. and Section 3/4 D.P. Act, Police Station Amroha Dehat, District Amroha pending in the court of first Additional Civil Judge (C.D.)/ ACJM, Amroha, connected C1 application in pursuance of the cognizance/ summoning order dated 21.04.2023 as well as entire proceedings of Complaint Case no. 1463 of 2023 (Smt. Neeraj Vs. Virendra Singh and others), under Sections 498-A, 323, 506 and 504 I.P.C. and Section 3/4 D.P. Act, Police Station Amroha Dehat, District Amroha pending in the court of first Additional Civil Judge (C.D.)/ ACJM, Amroha as well as in connected C2 application in pursuance of impugned NBW and 82 Cr.p.c. order dated 03.01.2025 and 21.05.2025 arising out of Complaint Case No. 1463 of 2023 (Smt. Neeraj Vs Virendra Singh and others) Under Section 498-A, 323, 506, 504, I.P.C and 3/4 D.P. Act Police Station Amroha Dehat, District Amroha pending in the court of Additional Civil Judge (C.D) ACJM Amroha.
13. In the event of default of any of the conditions by the applicants as referred to above, the protection shall stand vacated without reference to the Bench.
Order Date :- 22.7.2025 A. Prajapati