Neutral Citation No. - 2025:AHC:89532 Court No. - 73 Case :- APPLICATION U/S 482 No. - 42011 of 2024 Applicant :- Mohan Swaroop Verma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Rana Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Prakash Man Tiwari (A/P 0616/20) holding brief of Sri Shashi Rana, learned counsel for the applicant as well as Sri J.P. Gupta, learned AGA for the State. 2. This application u/s 482 of Cr.P.C. has been preferred to quash/drop the Summoning Order dated 20.07.2019 in Complaint Case No.80 of 2019 (Ram Mohan Verma Vs. Mohan Swaroop Verma) under Section 498A, 323, 504, 506 I.P.C. and Section 3/4 of D.P.Act, Police Station-Kotwali, District-Farrukhabad pending in the Court of Learned Judicial Magistrate, Hawali, Farrukhabad. 3. Learned counsel for the applicant has submitted that on 09.04.2019, a complaint was lodged by the opposite party no. 2 against the applicants who happen to be the father-in-law, husband and the brother-in-law of the daughter of the opposite party no. 2 whose marriage stood solemnized with the applicant no. 2 on 05.02.2017. As per the complaint, gifts worth lacs of rupees were offered in the marriage, however, the applicants/in-laws were not happy with the gifts so offered as their desire was for more gifts commensurate to their status. Allegation is that on 29.01.2019 at 6:00 in the evening, the applicants herein joined together and thereafter took away the valuables of the daughter of the opposite party no. 2 along with the minor daughter were thrown out of the matrimonial house. When the said incident was reported to the opposite party no. 2 then the opposite party no. 2 along with other family members approached the applicants herein along with the daughter but the applicants were adamant that their demand which was in the shape of the dowry be fulfilled otherwise, the opposite party no. 2 would not be granted entry into the house. It is also alleged that the applicants herein attacked the opposite party no. 2 pursuant whereto injuries were sustained and she was also taken up for medical examination and further, a surgery was also done. Thereafter, the statement of the complainant-opposite party no. 2 was recorded under Section 200 Cr.P.C. followed by the statement of the opposite party no. 2 under Section 202 and the court below by virtue of the order dated 20.07.2019 summoned the applicants under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of the DP Act. 4. Questioning the summoning order, the present application has been filed. 5. Learned counsel for the applicant has submitted that the entire allegations so contained in the complaint are nothing but bundle of lies just in order to rope in the applicants. Submission is that the applicants at no point of time subjected the opposite party no. 2 to any violence and there was no demand of dowry. Argument is that it is the opposite party no. 2. who is quarrelsome and she does not intend to reside with her husband in the matrimonial house and she herself got aborted according to her sweet-will and the applicants being the husband and the in-laws are always open to welcome the opposite party no. 2 but it is the opposite party no. 2 who is adamant in inflicting criminality upon the opposite party no. 2. 6. Learned AGA, on the other hand, submits that from the narration of the allegations contained in the complaint vis-a-vis statement under Section 200 and 202 prima facie offences are made out and it may not be appropriate for this Court to interfere at this stage particularly when the summoning order dated 20.07.2019. 7. I have heard the statements so made across the bar and perused the record carefully. 8. Apparently, in the present case, at the instance of the applicant challenge has been raised to a summoning order. There are certain broad parameters which are being used as a yardsticks in order to determine as to whether the summoning order is suffers from illegality or not. Amongst other, one of the criteria would inevitably be the allegations in the complaint as well as the statement under Sections 200 and 202. In the present case in hand, the allegations are pin pointed against the applicants while indicating the date and time being 29.01.2019 at 6:00 P.M. and also the fact that on account of non-fulfillment of the demand of dowry the opposite party no. 2 was thrown out from the house along with her minor child and when the opposite party no. 2 along with the family member had approached the applicants then the daughter of the opposite party no. 2 was administered beating pursuant whereto injuries are there. The statement of the opposite party no. 2 under Section 200 as well as the victim under Section 202 are intact and they support the prosecution theory. Pertinently, there is no contradiction or variation in the statement vis-a-vis the complaint so as to scuttle the proceedings. Even medical report is also available on record. The genuineness and the authenticity of the same is not tested or adjudged in the present proceedings at this stage. Apart from the same, the court below while summoning the applicants have taken into consideration overall aspects of the matter including the allegations in the complaint and the statement under Section 200 and 202 and found the case to be triable. Once the position being so, it would not be appropriate for this Court to throttle the proceedings after a period of six years. 9. Accordingly, no case is made out for interference, the application is rejected. Order Date :- 26.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad