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2025 DAILYLAW 33593 (ALL)

MITHUN RAWAT AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/17160/2020 · 2025-07-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:124425 Court No. - 72 Case :- APPLICATION U/S 482 No. - 17160 of 2020 Applicant :- Mithun Rawat And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. 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. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 24.02.2020 as well as entire proceedings of Complaint Case No.89 of 2020, under sections 323, 504, 498A I.P.C. & 3/4 Dowry Prohibition Act, Police Station Saidpur, District Ghazipur. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is a matrimonial dispute. By order dated 25.11.2020, matter was referred to Mediation & Conciliation Centre but as per Mediation & Conciliation Centre report dated 31.05.2022, no mediation entered between the parties and mediation failed. Learned counsel for the applicants submits that from perusal of FIR, no offence under alleged section is made out against the applicants and all family members have been implicated in the present case. Cognizance and summoning by learned magistrate is without application of judicial mind. On perusal of statement recorded under sections 200 & 202 Cr.P.C., no offence under alleged sections is made out. 4. Per contra, learned counsel for the opposite party no.2 vehemently opposed the submission of applicants' counsel and submitted that on perusal of statement recorded under sections 200 & 202 Cr.P.C., prima-facie offence is made out against the applicants. There is evidence to prosecute the applicants in the present case. 5. The prayer for quashing the entire proceedings, summoning order of the aforesaid case against the applicants is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 7. Till then, no coercive action shall be taken against the applicants in the aforesaid case. 8. With the above directions, this 482 application is disposed of. Order Date :- 28.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad