HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 7986 of 2023 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants; learned counsel for the informant and learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 12.10.2022 as well as entire proceedings of Complaint Case No.1163 of 2022, under Sections 379, 323, 504 IPC, Police Station Kotwali Chunar, District Mirzapur, pending in the court of 1st Additional Chief Judicial Magistrate, District Mirzapur. 3. Applicant No.1 is husband and applicant Nos.2 to 5 are in-laws of opposite party No.2. On 10.07.2022 accused applicants have broken the lock of the house and took away all the belongings to the informant and, thereafter, they assaulted. It is stated that this application has been treated as complaint by the court concerned and recorded statement under Sections 200 and 202 Cr.P.C. and issued summon by order dated 12.10.2022 under Sections 379, 323, 504 IPC. 4. Learned counsel for the applicants submits that he allegation alleged in the F.I.R. is false and baseless. The dispute pertains to matrimonial. The coordinate Bench of this Court, vide order dated 04.04.2023, referred the matter to the Mediation and Conciliation Centre of this Court. As per report of Mediation and Conciliation dated 02.07.2023, mediation completed and no agreement between the parties. It is further submitted that the contents of complaint as well as the statement of the complainant and its witnesses recorded under Section 200 and 202 Cr.P.C., no offence is Versus Counsel for Applicant(s) : Dadhi Bal Yadav Counsel for Opposite Party(s) : Bimla Prasad, G.A. Ramakant Singh And 4 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) made out against the applicants. It is submitted that the statement under Section 200 Cr.P.C., no allegation as alleged against the applicant no.5. 5. Per contra, learned A.G.A. for the State as well as learned counsel for the opposite party no.2 vehemently opposed the submissions raised by learned counsel for the applicants and submitted that the opposite party no.2 is wife of the applicant no.1 but she was residing in the house of her in-laws. He further submits that considering the material evidences and allegations against the applicants on record, as on date, as per prosecution case, the cognizable offence against the applicants is made out. Under the facts and circumstances of the present case as well as materials on record against the applicants, the criminal proceedings against the applicants cannot be said to be abuse of process of Court. The statements of the witnesses recorded, prima facie, offence under alleged sections is made out. 6. So far as applicant no.5 is concerned, considering the submissions raised by the learned counsel for the parties and perused the entire record. On perusal of the contents of the complaint and as well as statement of the opposite party no.2, no allegation has made against the applicant no.5. 7. Accordingly, the summoning order dated 12.10.2022 as well as entire proceedings of Complaint Case No.1163 of 2022, under Sections 379, 323, 504 IPC, Police Station Kotwali Chunar, District Mirzapur, pending in the court of 1st Additional Chief Judicial Magistrate, District Mirzapur, is hereby quashed. 8. This application under Section 482 Cr.P.C. is accordingly allowed against the applicant no.5. 9. So far as applicant nos.1 to 4 are concerned, from the perusal of the complaint as well as statement recorded under Sections 200 and 202 Cr.P.C., prima facie, case is made out against the applicant nos.1 to 4. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu A482 No. 7986 of 2023 2 Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. 9. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed against applicant nos.1 to 4. October 15, 2025 Mini A482 No. 7986 of 2023 3 (Deepak Verma,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad