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2025 DAILYLAW 110593 (ALL)

PRADEEP KUMAR v. STATE OF U.P. AND 7 OTHERS

A482/42628/2024 · 2025-05-21

Prashant Kumar

body2025

Judgment text

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Court No. - 87 Case :- APPLICATION U/S 482 No. - 42628 of 2024 Applicant :- Pradeep Kumar Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Shri Ajay Kumar Chaurasia, learned counsel appearing for the applicant, Shri Shashidhar Pandey, learned AGA for the State and perused the records. 2. The instant application has been filed by the applicants praying for quashing of the order dated 01-10-2024 passed by learned Additional Civil Judge (J.D.) Court N.1, Agra. 3. Learned counsel for the applicant submits that the daughter of opposite party no. 2, namely Shweta, married the applicant Pradeep Kumar on 20.06.2006 in a love marriage, which was subsequently solemnized as per Hindu rites on 05.11.2006 with the knowledge of both families. It appears that on 18.09.2018, the applicant lodged Complaint Case No. 1835/2022 against opposite party no. 2 and others and the learnedJudicial Magistrate, Court No. 5, Agra. Vide order dated 13.03.2023, dismissed the said complaint under Section 203 Cr.P.C. on the ground of lack of evidence. Aggrieved byt the aforesaid order, the applicant preferred a Criminal Revision / Criminal Misc. Application (Monitoring) bearing No. 305/2023 before the learned Additional Sessions Judge, Court No. 15, Agra. Vide order dated 28.11.2023, the said revision was allowed and the order dated 13.03.2023 passed by the Magistrate was set aside. The matter was remanded back to the lower court with the direction to pass a fresh order in accordance with law after considering the directions of the revisional court. Subsequently, vide order dated 01.10.2024, the learned Additional Civil Judge (Junior Division), Court No. 01, Agra again dismissed the complaint under Section 203 Cr.P.C., which is impugned herein. 4. Per contra, learned A.G.A. has vehemently opposed the application and contended that no interference is warranted, as the impugned order has considered all aspects of the matter in detail. 5.Upon hearing the learned counsel for the parties and after perusal of the material on record, this Court finds no illegality, irregularity, or perversity in the impugned order passed by the court below so as to warrant interference under Section 482 Cr.P.C. 6. Hence, the instant application cannot be entertained and is, accordingly, dismissed. .Order Date :- 22.5.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad