HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 32664 of 2024 Court No. - 81 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant, Shri Shiv Dayal Tiwari, learned counsel for opposite party No.2 as well as learned AGA for State and perused the material available on record. 2. The instant application under Section 482 of the Code of Criminal Procedure, 1973 has been filed with the prayer to quash the entire proceedings of Criminal Complaint Case No.18308 of 2023 (Soni Khan @ Shabana Khatoon Vs. Mohd. Haneef and another) as well as summoning order dated 30.4.2024 passed by learned Chief Judicial Magistrate, Siddharth Nagar, under Sections 452, 354 and 323 of Indian Penal Code, 1860, Police Station Dumariyaganj, District Siddharth Nagar and N.B.W. order dated 22.8.2024. 3. Learned counsel for the applicant submits that, the entire prosecution story is manipulated and concocted. The complaint of the present case was lodged as a counter blast to the first information report, earlier lodged by the mother of the applicant against the opposite party No.2 on 9.4.2023, bearing Case Crime No. 74 of 2023, under Sections 323, 504 and 506 of IPC. All the allegations levelled against the applicant are false. Learned counsel for the applicant further submits that, all the persons, the applicant, complainant/ opposite party No.2 are the member of the same family and there is some family dispute between the parties. No such incident, as alleged by the prosecution, has ever taken place, therefore, the proceedings in question are misuse of process of law and the same are liable to be quashed and set aside. 4. Learned counsel appearing on behalf of opposite party No.2 as well as Versus Counsel for Applicant(s) : Vijay Prakash Chaturvedi Counsel for Opposite Party(s) : G.A., Shiv Dayal Tiwari Mohammad Haneef .....Applicant(s) State of U.P. and Another .....Opposite Party(s) learned AGA opposes the submissions made by learned counsel for the applicant and submits that, applicant has tried to molest the victim in the night and tried to outrage her modesty and all the witnesses have supported the allegations levelled against the applicant, therefore, the instant application moved under Section 482 CrPC is liable to be dismissed. 5. Having considered the rival contentions of the parties and having perused the record, it is evident that, the victim in her statement recorded under Section 200 Cr.P.C., has stated that, the accused- applicant entered her house and tried to molest her. She further stated that, after alleged incident has taken place, she reported the matter to her brother and village pradhan. However, another witness, namely, Mohammad Ali, in his statement recorded under Section 202 Cr.P.C. has stated that, after the alleged incident, so many villagers gathered at the spot and the matter was settled. He also stated that, the alleged incident was also conveyed to the village pradhan. He further stated that, the accused- applicant used to knock at the door of the house of victim in the night. It is highly improbable that, a witness would be watching the house of another person in the night, instead of being at his own house. It appears that, as if, the said witness was having a regular watch over the victim's house, while staying away from his own house and watching as to who is knocking the door of house of the victim, which appears to be beyond the imagination and superficial. Another witness, namely, Salihuddin stated that, the victim was sweeping in the house, when the accused- applicant entered her house and tried to molest her. He also stated that, many villagers gathered at the spot, however, did not mention about the presence, or anything conveyed to village pradhan. He also stated that, the accused- applicant used to knock at the door of house of the victim in the night, as if this witness also used to watch the activities in the night, as to what is happening in the house of the victim, thereby staying away from his own house. Another witness, namely, Bali Mohammad @ Sajid, who is the husband of the victim and is not the witness, but has corroborated on narrating the incident by the victim, did not mention about complaining of the incident to the village pradhan. It has also come on record that, the victim did not make any such statement that, the accused- applicant used to knock the door of the house of the victim, whereas she would have very categorically stated that, the applicant used to knock the door of her house, however, the other witnesses are narrating the said fact. The statement of P.W.-3 Bali Mohammad @ Sajid (husband of victim) has been narrated on A482 No. 32664 of 2024 2 the hearsay of the statement given by the victim. Thus, considering the entire facts and circumstances of the case and the statement recorded under Section 200 CrPC that of complainant and statement of other witnesses recorded under Section 202 CrPC, the alleged incident appears to be superficial, imaginary and the complaint and subsequent proceedings appear to be misuse of process of law. 6. Thus, the instant application under Section 482 of the Code of Criminal Procedure, 1973, stands allowed, in view of above and the proceedings, in question, are hereby quashed and set aside. May 14, 2026 Gurpreet Singh A482 No. 32664 of 2024 3 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad