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2025 DAILYLAW 109200 (ALL)

RAJEEV VISHWAS AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/41125/2024 · 2025-09-03

Nand Prabha Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41125 of 2024 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the summoning order dated 19.07.2022 passed by Civil Judge (Junior Division) FTC-II Firozabad in Complaint No. 1278 of 2021 under Sections 498A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act (Smt. Soma Viswas vs. Rajeev Viswas and others) and order dated 01.10.2024 passed by the Sessions Judge, Firozabad in Criminal Revision No. 71 of 2023 (Rajeev Vishwas and others vs. Smt. Soma Vishwas and another) as well as entire proceeding of Complaint No. 1278 of 2021 under Sections 498A, 323, 504, 506 IPC and section 3/4 of Dowry Prohibition Act (Smt. Soma Viswas vs. Rajeev Viswas and others) pending in the Court of Civil Judge (J.D.) FTC-II, Firozabad. 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 applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or abuse of procedure, this power may be exercised to prevent the abuse of process to secure the ends of justice. Accordingly, prayer for quashing is declined. Versus Counsel for Applicant(s) : Varun Mishra Counsel for Opposite Party(s) : G.A. Rajeev Vishwas And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) However, in the interest of justice, it is provided that in case the applicants move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the applicants in the aforesaid case. With the aforesaid direction, this application is disposed of. September 4, 2025 Puspendra A482 No. 41125 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad