SATYAWATI AND 3 OTHERS v. State of U.P AND ANOTHER
A482/29565/2024 · 2025-07-09
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 91886 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 91886 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109912 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 200) Court No. - 78 Case :- APPLICATION U/S 482 No. - 29565 of 2024 Applicant :- Satyawati And 3 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Narayan Swaroop,Vinay Kumar Singh Counsel for Opposite Party :- Arjun Singh Solanki,G.A. Hon'ble Anish Kumar Gupta,J.
1. Sri Prakhar Tandon, Advocate has filed vakalatnama on behalf of applicant no. 3 and deponent-Rajeev Kumar, which is taken on record.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 5567 of 2023 (Kishan Gaur vs. Satyawati and others) under Section 420, 467, 468 and 471 IPC, P.S.-Kasganj, District-Kasganj pending the court of Chief Judicial Magistrate, Kasganj as well as summoning order dated 02.8.2024.
3. Pursuant to order dated 29.5.2025, Rajiv Kumar, the deponent of the instant application as well as Rajesh Baboo Mishra, the deponent of the supplementary affidavit on 18.5.2025 are present in Court and Sri Prakhar Tandon, Advocate has filed vakalatnama on their behalf.
4. Learned counsel for the deponents submits that the controversy involved in the case related to the income certificate dated 6.12.2018 produced by the applicant no. 1 in proceedings under Section 12 of the Domestic Violence Act. Sri Prakhar Tandon,
learned counsel for the deponents submits that they have filed the affidavit on the basis of the records available before the trial court. Who had filed the affidavit along with the alleged forged income certificate dated 6.12.2018 in proceedings under Section 12 of the Domestic Violence Act, is not in the knowledge of the deponents.
5. Learned counsel for applicants no. 1, 2 and 4 is not present before the Court. Though Sri Prakhar Tandon submits that he has
instructions to appear on behalf of all the applicants but no vakalatnama has been filed on their behalf.
6. The allegation in the instant complaint case filed by the opposite party no. 2 against the applicants revolves around the forged income certificate dated 6.12.2018 filed in the proceedings under the Domestic Violence Act before the trial court, which requires a detailed factual examination and is possible during the trial of the case. The factual examination of the said document, how the same was issued and who obtained the same and how the same was filed in proceedings under Section 12 of the Domestic Violence Act, is a matter of fact which can be examined only during the trial of the case. The trial court on the basis of material available on record has found a prima facie case against the applicants. Thus, this Court do not find any good reason to entertain the instant application.
7. In view of the aforesaid, the instant application stands dismissed.
8. Personal appearance of deponents-Rajesh Baboo Mishra and Rajeev Kumar is exempted.
Order Date :- 10.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad