Neutral Citation No. - 2025:AHC:61806 Court No. - 87 Case :- APPLICATION U/S 482 No. - 16499 of 2024 Applicant :- Udaiveer And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.,Sanjive Kumar Gupta Hon'ble Prashant Kumar,J. 1. Heard Shri Ramesh Kumar, learned counsel for the applicants, Shri Sanjive Kumar Gupta, learned counsel for opposite party no.2, Shri Neelkant Upadhyay, learned A.G.A. for the State-opposite party no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicants praying for quashing of summoning order dated 04.01.2024 in Complaint Case No.6316 of 2023 (Suresh Chandra v. Udaiveer and others), under Section 406 IPC, P.S. Kotwali, District Budaun pending before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.4, Budaun. 3. Facts which emerge from the record are that the complainant had fixed the marriage of his daughter with applicant no.1, initially some ceremony took place in which the complainant had given certain amount, gold ornaments and some other items to the applicant no.1 in the form of dowry but the family members of the applicant no.1 were not satisfied and raised the demand of more dowry. When the complainant expressed his inability to fulfill their demand, the applicants not only refused to marry the daughter of the complainant but the money and other items, which were given by the complainant have not been returned, therefore, the complainant has filed a complaint case against the applicants in which the Court concerned after recording the statements under Sections 200 and 202 Cr.P.C. summoned the applicants vide order dated 04.01.2024, which is under challenged by means of instant application. 4. The coordinate bench while entertaining this application had referred this matter for Mediation but as per report of Mediation Center the applicants have never appeared before the Mediation Center. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The complainant has himself refused to marry his daughter with applicant no.1. Neither any ceremony had taken place nor the applicants have taken any amount or gift item from the complainant as stated in the complaint. He further submits that applicants have never committed any offence as alleged against them. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants. 6. Per contra, learned A.G.A. as well as learned counsel for opposite party no.2 have vehemently opposed the application and contended that the applicants are enjoying the interim order since last about one year and they chose not to appear before the Mediation Center. It is further submitted that the Court below has rightly summoned the applicants and no interference is required by this Court in the impugned order as well as the on going proceedings. 7. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court. 8. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:- "(i) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party. (vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 9. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C. 10. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgements mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicants. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not. 11. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed. Order Date :- 22.4.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad