Neutral Citation No. - 2025:AHC:144085 HIGH COURT OF JUDICATURE AT ALLAHABAD ********* (Sl. No. 242) Court No. - 78 Case :- APPLICATION U/S 482 No. - 47894 of 2023 Applicant :- Gautam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.,Vivek Kumar Mishra Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Jitendra Singh, learned counsel for the applicants and Sri S.K. Ojha, learned A.G.A. for the State. 2. None appears on behalf of opposite party no. 2 even in the revised call. Though, Vakalatnama has been filed by Sri Vivek Kumar Mishra, learned counsel on behalf of opposite party no. 2. 3. This application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 04.10.2023 as well as entire proceedings of Complaint Case No. 1811 of 2023 (Ved Pal Vs. Gautam and Others) under Sections 307, 363, 323, 504, and 392 I.P.C., P.S.- Mirzapur, District- Shahjahanpur, pending in the court of learned Additional Chief Judicial Magistrate-II, Court No. 17, Shahjahanpur. 4. It is submitted by learned counsel for the applicant that opposite party No. 2 has lodged an F.I.R. against applicant No. 1 under Section 363 I.P.C. During investigation the statement of victim was recorded under Section 161 and 164 Cr.P.C. in which she stated that she was major and had solemnized marriage with applicant No. 1. During her medical examination, she was found to be major. It is further submitted that Investigating officer has produced the victim before the court for the custody of the victim, since the victim was major and consented to live with the applicant, she was permitted to go with the applicant on her own volition. After submission of final report in the said F.I.R., the present false and concocted complaint has been lodged by the opposite party no. 2, as victim is living with the applicant. Further submission is that malafide behind the prosecution are apparent on the face of record and if the proceedings against the applicants are allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicants therefore submits, no prosecution could lie against the applicants, in such circumstances. 5. Learned counsel of the applicants submits that the trial court has proceeded in the matter mechanically without calling for a report from the police station in the instant case, specifically when the reference of a previous F.I.R. was already made in the instant complaint case by the complainant himself. Thus, learned counsel for the applicant submits that since the daughter of the opposite party no. 2 had married to the applicant no. 1 against the will of the opposite party no. 2, therefore the second inning of the instant prosecution has been lodged by the opposite party no. 2 to take revenge from the applicant. The instant case is nothing but a malicious prosecution. Thus, he seeks quashing of the entire proceedings of the instant case against the applicant herein. 6. Learned A.G.A. submits that allegations have been made in the instant case are duly supported by the statement recorded u/s 202 Cr.P.C. and the allegations are of serious in nature according to which the applicants have assaulted opposite party no. 2 and his son by a country made pistol and edged weapon. Thus, a prima facie, case is made out against the applicant and learned Magistrate has rightly summons the applicant for trial. 7. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that initially an F.I.R. was lodged by the opposite party no. 2 against the applicant herein for the offence under Section 363 I.P.C. During investigation, the victim was produced, her statement under section 164 Cr.P.C. was recorded, in which she has categorically stated that she is a major girl and she has gone out of her sweet will. The opposite party no. 2 was against the marriage of the victim alognwith applicant. Thereupon the final report was submitted in the said F.I.R. lodged by the opposite party. The daughter of the opposite party no. 2 is still living with the applicant as his wife and she has filed an affidavit in support of the instant application categorically admitting that she is a major girl. It is nothing but a false prosecution lodged by the opposite party no. 2 being annoyed by the marriage of deponent with applicant against his wishes. 8. In view thereof, the instant application is allowed in terms of the judgments of the Apex Court passed in the State of Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426], Zandu Pharmaceutical Works Ltd. vs. Mohd. Saraful Haque : (2005) 1 SCC 122 and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315, the entire proceeding of the Complaint Case No. 1811 of 2023 (Ved Pal Vs. Gautam and Others), the summoning order dated 04.10.2023 as well as entire proceedings of Complaint Case No. 1811 of 2023 (Ved Pal Vs. Gautam and Others) under Sections 307, 363, 323, 504, and 392 I.P.C., P.S.- Mirzapur, District- Shahjahanpur, pending in the court of learned Additional Chief Judicial Magistrate-II, Court No. 17, Shahjahanpur are hereby quashed. Order Date :- 21.8.2025 Vibha Singh (Anish Kumar Gupta,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad