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Neutral Citation No. - 2025:AHC:68026 Court No. - 75 Case :- APPLICATION U/S 482 No. - 43988 of 2024 Applicant :- Ram Brijesh Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Singh Sengar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Arvind Singh Sengar, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The instant application has been filed to quash the charge sheet dated 12.1.2020, summoning order dated 6.3.2020 as well as the entire proceeding of case No. 2250 of 2020, case crime No. 36 of 2019, under Sections 498A, 419, 420, 323, 506 IPC, P.S. Mahila Thana, District Azamgarh. 3. The facts giving rise to the present case are that the opposite party No.2 lodged an F.I.R. against the applicant under Sections 498A, 419, 420, 323, 506 IPC in Case Crime No. 36 of 2019 on 17.11.2019 wherein the police after investigation submitted charge sheet on 12.1.2020 and the Magistrate took cognizance on the same on 6.3.2020 which is under challenge. 4. Contention of learned counsel for the applicant is that the impugned proceeding is absolutely erroneous which is initiated just to pressurize the applicant to transfer his land in favour of opposite party No.2. Therefore, the impugned proceeding deserves to be quashed. 5. Per contra, learned A.G.A. opposed the aforesaid prayer and submitted that a bare perusal of the statement of opposite party No.2, recorded under Section 161 Cr.P.C., shows that there is specific allegation of cruelty and harassment against the applicant. 6. After hearing the submissions of learned counsel for the parties and on perusal of the record, it appears that opposite party No.2 in her statement has made certain allegations regarding forgery of land, belonging to her which was purchased by her father. However, from the perusal of the statement it is also clear that there are specific allegation of cruelty committed by the applicant on opposite party No.2. 7. Therefore, the disputed question of fact which has been raised by the counsel for the applicant cannot be considered at this stage. The defence raised by the counsel for the applicant can be considered during trial. 8. In view of the above, this Court does not find any illegality in the impugned proceeding. Accordingly, the application stands dismissed. 9.
However, if the applicant appears before the court below and applies for bail, his bail application shall be considered in accordance with the law. Order Date :- 30.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad