Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111660 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 6) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41128 of 2024 Applicant :- Shanti Devi Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Sheo Mani Yadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Sheo Mani Yadav, learned counsel for the applicant and Sri V.P. Sahu, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the rejection order dated 19.2.2024 passed in Complaint Case No. 26621 of 2023 (Shanti Devi vs. Ganga Sagar and others) under Section 323, 504, 506, 354, 392, 147, 148 I.P.C., Police Station- Koerauna, District-Bhadohi. 3. Learned counsel for the applicant submits that for an incident dated 13.5.2023, a complaint was filed by the applicant herein on
18.7.2023. There was a dispute with the opposite parties with regard to property, and in connection with the same there was a quarrel between them. On information given to the police, the son of the applicant was also challened under Section 151 Cr.P.C. Subsequently, the instant complaint has been filed by the applicant herein against the opposite parties alleging therein that nine accused persons, who are arrayed as opposite party no. 2 to 10 in the present application, came at the gate of applicant and abused her. When she resisted, all of them armed with lathi-danda assaulted her. Then she went inside and the accused persons also entered the house and brought her back at the gate by pulling her. In the said process her clothes were removed. In the process her son Monu also came there and tried to record the incident on mobile. Then the accused persons have also assaulted him. All the accused persons have assaulted the other family members as well and the opposite party no. 8 had snatched the locket from the daughter-in-law of the applicant. The incident was reported to the police but no medical examination was conducted by the police
rather her son was challened under Section 151 Cr.P.C. The opposite parties are continuing to threat her to leave the village. When no action was taken by the police, the instant complaint was filed. 4. In her statement under Section 200 Cr.P.C., she has stated that the dispute was with regard to partition of land.
The opposite parties came and abused and assaulted her with regard to partition of the land. She did not sustain any injury in the incident, therefore, the complainant herself has not supported the version as was narrated in the complaint. 5. In view thereof, vide impugned order dated 19.2.2024, the learned Judicial Magistrate-II, Bhadohi Gyanpur has rejected the complaint under Section 203 Cr.P.C. specifically recording that the complainant herself has not supported the version of the complaint nor she or any other family member of the family has sustained any injury in the entire incident. Learned counsel for the applicant submits that the other witnesses, who were recorded under Section 202 Cr.P.C., who are sons of the complainant have supported the version of the complaint, therefore, the lower court has failed to appreciate the evidence of PW-1 and PW-2 and has wrongly dismissed the complaint case lodged by applicant. 6. This Court has carefully perused the complained, the statement of witnesses specifically the statement of the complainant. The complainant herself has not supported the version as narrated in the complaint. Further, it is improbable that nine persons armed with lathi-danda assaulting an old lady and she did not sustain any injury, which is admitted by the complainant herself. Therefore, in the considered opinion of this Court, the entire story of the complainant appears to be a fabricated story to falsely implicate the opposite parties. Therefore, this Court do not find any illegality in the impugned order. 7. Accordingly, the instant application is devoid of merit and is accordingly, dismissed. Order Date :- 11.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad