Allahabad High Court
Smt. Rakhi And 2 Others vs State Of U.P. And Another on 16 October, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:199738 Court No. - 86 Case :- APPLICATION U/S 482 No. - 19283 of 2021 Applicant :- Smt. Rakhi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Singh Counsel for Opposite Party :- G.A.,Ashutosh Upadhyay Hon'ble Rajiv Gupta,J.
1. Rejoinder affidavit filed by learned counsel for the applicants today in Court is taken on record.
2. Heard learned counsel for the applicants, learned AGA for the State, Shri Ashutosh Upadhyay, learned counsel for opposite party no.2 and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed for quashing summoning order dated 26.07.2021 as well as entire proceedings of Complaint Case No.94/IX/2021 (Smt. Pratibha Savita Vs. Prasant Kumar and others), under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 D.P. Act, P.S. Kotwali Nagar, District Banda.
4. As per the allegations made in the complaint, it is alleged that opposite party no. 2 was married to Prashant Kumar brother of applicant no. 1 on 17.06.2017. Applicant no.2 is the maternal father-in-law and applicant no.3 is the parental father-in-law of opposite party no.2, however, after the said marriage, the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and subjected her to cruelty and turned her out of her matrimonial home.
5. Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
6. Learned counsel for the applicants has next submitted that no specific allegation has been made against the applicants rather general and vague allegations, just to drag them in criminal court has been alleged. As a matter of fact, they have no concern whatsoever with the day to day affairs between husband and wife and have been falsely roped in only on account of being the family members of her husband.
7. Per contra, learned AGA as well as learned counsel for opposite party no.2 has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against applicants.
8. From the material collected during the course of enquiry also, it is evident that general, vague and omnibus allegations have been made against the applicants, who are sister-in-law, maternal uncle-in-law and parental uncle-in-law of opposite party no.2 and as such, it would be unjust if they are forced to go through tribulations of a trial, that is, general, vague and omnibus allegations cannot be manifest in a situation, where the relatives of the victim's husband are forced to undergo trial in view of law laid down by Hon'ble Apex Court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.
9. In view of law laid down by the Hon'ble Apex Court in the case of Taramani Parak Vs. State of M.P. and Others, (2015) 11 SCC 260, Geeta Mehrotra and Another Vs. State of U.P. and Another, (2012) 10 SCC 741, Kahkashan Kausar @ Sonal Vs. State of Bihar (2022) 6 SCC 599 and Abhishek Vs. State of M.P., Criminal Appeal No. 1456 of 2023, the aforesaid proceedings in respect of the applicants are quashed.
10. This application under Section 482 Cr.P.C. is allowed and the entire proceedings stands quashed on behalf of the applicants.
Order Date :- 16.10.2023 Subham