HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 22516 of 2024 Court No. - 81 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the parties 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 proceedings of the Criminal Complaint Case No. 3388 of 2021 (Ram Beti versus Kishan Verma and others), under Sections 498-A, 323, 504, 506 IPC Police Station- Govind Nagar, District- Kanpur Nagar pending in the court of Learned M.M. IV, Kanpur Nagar, along with the impugned summoning order dated 09.11.2022 passed by the Learned Additional Civil Judge (J.D.), Court No.03 Kanpur Nagar. 3. Learned counsel for the applicants submits that, the applicants have been falsely implicated, as the allegations made are totally false, frivolous and baseless. The complainant has filed another complaint based on the same set of facts and allegations and the present complaint is only a repetition of the earlier complaint being lodged in the year 2020, therefore, there cannot be two sets of litigation based on similar circumstances. Learned counsel for the applicants further submits that, there are no allegations of Section 323 either made by the complainant or the witnesses, therefore, the impugned summoning order dated 9.11.2024 is liable to be quashed and set aside, as also the proceedings arising therefrom and the instant application under Section 482 of the Code of Criminal Procedure, 1973, is liable to be allowed. 4. Per contra, learned AGA for State has opposed the prayer made on behalf of the applicants and has submitted that, earlier an FIR was lodged by the daughter of opposite party No.2, namely, Subhadra, who is wife of applicant No.1, against applicant Nos. 1 to 3 bearing FIR No.0387 of 2020, under Versus Counsel for Applicant(s) : Ram Tiwari Counsel for Opposite Party(s) : Anuj Kumar Chaudhary, G.A., Ganesh Shanker Srivastava Abhishek Verma And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Sections 498-A, 323, 504, 354 of Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961, at Police Station Govind Nagar, District Kanpur City, wherein charge sheet has been submitted against applicant No.1 and only to harass and pressurize the victim, applicant No.1 has lodged a first information report against the victim, opposite party No.2 (mother of victim) and her other family members on 9.5.2021 bearing FIR No.0167 of 2021, under Sections 147, 452, 323, 504, 506, 380 and 406 of Indian Penal Code, 1860, at Police Station Govind District South (Commissionerate Kanpur Nagar), wherein charge sheet has also submitted. Learned AGA for the State has further submitted that, applicant No.1 and his family members have sent several threatening messages, which contains derogatory language, and the screenshots of the same have been annexed in the counter affidavit dated 18.5.2025 filed by learned counsel for opposite party No.2. Learned AGA for the State further submits that, so far as evidence and events subsequent to the earlier FIR are concerned, they are separate and distinct, therefore, the same requires trial, wherein both sides will have adequate and ample opportunity of hearing. Thus, the instant application under Section 482 of the Code of Criminal Procedure, 1973 is liable to be dismissed. 5. Learned counsel for the applicants, in rebuttal, has submitted that, the mobile numbers shown in the screenshots are not related to the applicants and screenshots are fake and fabricated and neither the applicant No.1 nor any other family member has ever threatened the victim or her family members. However, if it is presumed that, it is not so, the allegations of sending derogatory messages are in respect to applicant No.1 only and no other family member is involved in the same. 6. Having considered the rival contentions of the parties and having perused the record, it is evident that, the complainant of this case i.e opposite party No.2 is the mother-in-law of the applicant No.1. The marriage of the daughter of the opposite party No.2, namely, Subhadra was solemnized with the applicant No.1 on 2.7.2017 according to custom of Hindu ritual and rites. There was earlier an FIR lodged against the applicant Nos.1 to 3 in the year 2020 and thereafter, a cross case was also registered by applicant No.1 against the victim and her family members. In the present complaint, allegations of demand of dowry and cruelty have been levelled against the applicants. So far as harassment and cruelty is concerned, it is a crime, which is continuous in nature and may give rise to fresh cause of action, as and when, either any physical assault took place or cruelty meted out to the victim. It has come on record that, in the counter affidavit filed by opposite party No.2, some screenshots of messages have been placed on record, which contains some filthy and derogatory language and the messages are alleged to be sent by the husband of the victim i.e. applicant No.1 herein. The language used is not only derogatory and filthy, but also unbecoming, unhealthy and against the basic canons of propriety of social norms, therefore, a fresh cause of action has arisen, wherein the victim has been harassed not only by verbal communication, but by written messages, sent by the husband to his wife and her family members, stating several negative A482 No. 22516 of 2024 2 and derogatory words against the wife's mother, brother and entire family. However, prima facie, a case is made out against the applicant No.1 only and in respect to applicant Nos. 2 and 4, Dipti Verma and Preeti Verma, respectively, [sister-in-laws of victim (daughter opposite party No.2)], applicant No.3/ Amit Verma (husband of applicant No.2) and applicant No.5/ Avinash Verma (husband of applicant No.4), no case is made out. Accordingly, the proceedings in question are hereby quashed and set aside only in respect of applicant Nos. 2 to 5. 7. The instant application under Section 482 of the Code of Criminal Procedure, 1973 stands disposed of in view of above. May 12, 2026 Gurpreet Singh A482 No. 22516 of 2024 3 (Harvir Singh,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad