2025:UHC:3248 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No. 485 of 2015 Hon’ble Alok Mahra, J. Mr. M.K. Ray, Advocate for the applicants. Mr. Rakesh Kumar Joshi, Brief Holder for the State of Uttarakhand. Despite service on the respondent, no one has put in appearance. 2. Present criminal misc. application has been filed by the applicants for quashing the impugned summoning order dated 22.11.2014 as well as entire proceedings of Criminal Complaint Case No.5113 of 2014 pending in the Court of learned Chief Judicial Magistrate, Udham Singh Nagar. 3. Facts, in brief, are that an application under Section 156 (3) Cr.P.C. was made by respondent against the applicants alleging therein that, in the year 2014, he borrowed a sum of ₹20,000/- from applicant no.2 and, in lieu of interest, he repaid a sum of ₹40,000/- to applicant no.2; that applicant no.2 is extending threat to the complainant that he will illegally take possession of his house, as a sum of ₹30,000/- is due against him towards interest; that on 11.09.2014, applicants entered into the house of the complainant and hurled abuses on him and did marpeet with him and threatened him that he will be ousted from his house and further threatened him of dire consequences. Thereafter, Criminal Complaint Case was instituted against the applicants under Section 323 2025:UHC:3248 & 506 I.P.C. Learned Chief Judicial Magistrate, Udham Singh Nagar took cognizance and summoned the applicants vide order dated 22.11.2014 to face trial. 4. Learned counsel for the applicants submits that complainant failed to show the motive of the incident and, without any motive, nobody can commit such a crime; that the alleged incident took place on 11.09.2014, but the complaint was lodged on 19.09.2014 i.e. after eight days of the alleged incident, which is quite unnatural and the story cooked by the prosecution is doubtful one; that as per the averments made in the complaint, applicants committed marpeet with the complainant, but neither the complainant was medically examined nor he received any injury, which makes it clear that the story is totally false and fabricated and only on the basis of the statement given under Section 200 Cr.P.C., cognizance has been taken. 5. Considering the facts and circumstances of the case and also considering the fact that admittedly the complaint was lodged by the complainant after eight days of the alleged incident and though allegation of marpeet was levelled against the applicants by the complainant, but neither the complainant was medically examined nor any material was produced to substantiate the averment that he sustained any injury on his person, this Court has no hesitation in quashing the summoning order dated 22.11.2014 passed by learned Chief Judicial Magistrate, Udham Singh Nagar. 6. Accordingly, the Criminal Misc. Application is allowed and the 2025:UHC:3248 summoning order dated 22.11.2014 passed by learned Chief Judicial Magistrate, Udham Singh Nagar is quashed. The entire proceedings of Criminal Compliant Case No.5113 of 2014 pending before learned Chief Judicial Magistrate, Udham Singh Nagar, is also hereby quashed. (Alok Mahra, J.) 25.04.2025 Ujjwal 2025:UHC:3248