Neutral Citation No. - 2025:AHC:64481 Court No. - 87 Case :- APPLICATION U/S 482 No. - 239 of 2016 Applicant :- Smt. Preeti And 6 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Singh Chandel Counsel for Opposite Party :- G.A.,Sharad Kumar Hon'ble Prashant Kumar,J. 1. Heard Sri Jai Singh Chandel, learned counsel for the applicants, Shri Sharad Kumar, learned counsel for the opposite party no. 2 and learned A.G.A. for the State- opposite party and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the request to quash the entire proceedings and consequential effect of summoning order dated 06.08.2014 in Complaint Case No. 1364 of 2014, under Section 380, 323, 504, 506 I.P.C. pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad. 3. Learned counsel for the applicant submits that this is a matrimonial dispute where the opposite party No. 2 happens to be the husband of applicant No. 1. Further submission is that due to matrimonial discord applicant started living at her parental house and thereafter she moved an application under Section 156(3) Cr.P.C against her husband on 24.02.2014, which was fixed for mediation by the learned Magistrate but opposite party no. 2 never appeared, lastly the same was treated as complaint case. Thereafter she moved an application under Section 125 Cr.P.C. for maintenance. Further submission is that in counter blast to the aforesaid proceedings, Opposite Party No. 2 has filed a complaint case on 09.05.2014 in which it is alleged that the applicants came to his house and committed marpeet and thereafter took away jewellery and cash from his house. Further submission is that learned Trial Court after recording the statement under Section 200 and 202 Cr.P.C. issued summoning order on 06.08.2014 against the applicants, which is subject matter of challenge in the instant application. 4. Learned counsel for the applicant further submits that in a matrimonial dispute since the applicant No. 1 (wife) has moved an application under Section 156(3) Cr.P.C. as well as application under Section 125 Cr.P.C. for maintenance and therefore, as a counter blast Opposite Party No. 2 has initiated the instant criminal proceeding against the applicants. The criminal proceedings lodged against the applicant is nothing but pure abuse of process of law and initiated just to harass and put undue pressure upon them. He further submits that summoning order that has been passed by the learned Magistrate is bad in the eye of law as it has been passed without applying judicial mind. 5. Learned counsel for the applicant further submits that after filing counter affidavit in the matter opposite counsel did not appear in the instant matter just to delay the proceedings. He further submits that the contents in the counter affidavit are not correct as it is alleged that the application under Section 156(3) Cr.P.C. and application under Section 125 Cr.P.C. were filed only to put undue pressure upon the husband opposite party No. 2. In reply to the counter affidavit, learned counsel for the applicants have filed rejoinder affidavit and it is alleged in the rejoinder affidavit that the contents of counter affidavit are incorrect as the application under Section 156(3) Cr.P.C. was filed prior to lodging the complaint, due to atrocity committed by the opposite party no.2. However the instant criminal proceedings has been initiated just to put undue pressure upon the applicants. 6. Per contra learned AGA submits that the incident had taken place and the same was corroborated by the version of the complaint. 7. Heard the submissions advanced by the learned counsel for the parties and perused the facts and circumstances of the case, though it is a matrimonial dispute, apparently applicant No. 1 (wife) had earlier filed an application under Section 156(3) Cr.P.C. and the same is still pending, thereafter, since she was thrown out of her matrimonial house, she moved an application under Section 125 Cr.P.C. for maintenance which is still pending even after 11 years. In the current proceeding a complaint was filed by the husband opposite party No. 2 which is much later to the proceedings initiated by the applicant, the husband has initiated the instant criminal proceeding and after filing the counter affidavit in the instant matter which is pending since 2016, opposite party no. 2 did not put appearance in the instant matter, which is nothing but a tactics to delay the proceedings, however the instant proceedings initiated just to put undue pressure upon the applicants, the entire criminal proceeding is malicious proceeding and has been initiated as an abuse of process of law. 8. Accordingly, the instant application is allowed. The complaint proceeding initiated by the Opposite Party No. 2 in Complaint Case No. 1364 of 2014, under Section 380, 323, 504, 506 I.P.C. pending in the Court of Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad is hereby quashed. . Order Date :- 22.4.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad