HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 19188 of 2024 Court No. - 80 HON'BLE CHAWAN PRAKASH, J. 1. Heard Mr. Saumitra Dwivedi, learned Counsel for the applicants, Mr. Zaved Alam, learned Counsel holding brief of Mr. Abdul Rahim, learned Counsel for opposite party no.2 and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the impugned summoning order dated 04.04.2023 as well as entire proceedings of Complaint Case No. 4642 of 2022, Ranjan Singh v. Neetu Singh and others, under Section 506 I.P.C., P.S. Dhoomanganj, District Prayagraj pending before the learned Additional Chief Judicial Magistrate, Court No.9, Allahabad. 3. It is submitted by the learned Counsel for the applicant that the marriage of the opposite party no.2 was solemnized with applicant no.1 on 19.11.2019 as per Hindu Rites and Rituals. Thereafter, opposite party no.2 and his entire family started harassing the applicant both physically and mentally and also started demanding additional dowry. Thereafter, applicant no.1 got an F.I.R. registered as Case Crime No. 304 of 2022, under Sections 498-A, 323, 506, 354, 377 I.P.C. and Section 3/4 D.P. Act against the opposite party no.2 and his family members. Thereafter, the opposite party no.2 filed the instant complaint Versus Counsel for Applicant(s) : Balesh Tripathi, Saumitra Dwivedi Counsel for Opposite Party(s) : Abdul Rahim, Ajay Pandey, G.A., Mohd. Azam, Shivam Pandey Nitu Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) against the applicants as a counter blast with false and frivolous allegations, in which he got himself examined under Section 200 Cr.P.C. and his witnesses namely Nanki Devi and Sujeet Kumar under Section 202 Cr.P.C. The learned Magistrate has summoned the applicants to face trial under Section 506 I.P.C. Learned Counsel for the applicants submits thta the impugned order has been passed against the settled principle of law. Thus, the impugned summoning order as well as entire proceedings of the aforesaid case may be quashed. 4. Per contra, learned A.G.A has opposed the prayer advanced by the learned Counsel for the applicants and submitted that the learned Magistrate has not committed any illegality in passing the impugned order. Therefore, the present application may be dismissed. 5. As per the fact of the case record, it is clear that the opposite party no.2 filed the a complaint against the applicants in which he got himself examined under Section 200 Cr.P.C. and his witnesses namely Nanki Devi and Sujeet Kumar under Section 202 Cr.P.C. The learned Magistrate vide order dated 04.04.2023 has summoned the applicants to face trial under Section 506 I.P.C. While passing the impugned order, the learned Magistrate has taken into consideration the facts stated in the complaint as well as the statement of the complainant recorded under Section 200 Cr.P.C. as well as his witnesses under Section 202 Cr.P.C. 6. From the perusal of the 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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 528 B.N.S.S. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 A482 No. 19188 of 2024 2 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. 7. Considering the facts and circumstances of the case, I do not find any ground to quash the aforementioned case. 8. Accordingly, the application is dismissed. February 24, 2026 Vijay A482 No. 19188 of 2024 3 (Chawan Prakash,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad