Allahabad High Court
NITU SINGH AND 3 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The court held that a prima facie case exists and there is no ground to quash the summons or the proceedings, and therefore dismissed the petition.
Summary
The applicants filed a petition under Section 482 of the CrPC seeking to quash a summons dated 04‑04‑2023 and the entire criminal proceedings (Complaint No. 4642 of 2022) initiated by the opposite party under Section 506 IPC. The dispute stems from a marriage in 2019 after which the opposite party allegedly harassed the applicants and demanded additional dowry, leading the applicants to lodge an FIR under Sections 498‑A, 323, 506, 354, 377 IPC and the Dowry Prohibition Act. The opposite party then filed a counter‑complaint, was examined under Section 200 CrPC and his witnesses under Section 202 CrPC, and the magistrate summoned the applicants. The applicants argued that the summons violated settled law and should be set aside. The High Court, relying on Supreme Court precedents, held that a prima facie case exists against the applicants and that the magistrate had not acted illegally; consequently, there was no basis to quash the proceedings. The petition was dismissed.
Issues considered
- Whether the summoning order and the criminal proceedings under Section 506 IPC can be quashed under the inherent powers of the High Court under Section 482 CrPC.
- Whether a prima facie case exists against the applicants to justify continuation of the proceedings.
- Whether the magistrate committed any procedural illegality in issuing the summons.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 377, 498-A, 506
Subjects
- Section 482 CrPC
- quash petition
- prima facie case
- dowry harassment
- counter‑complaint
- criminal procedure
- IPC 506
- IPC 498-A
- magistrate summons
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 19188 of 2024
Nitu Singh And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Balesh Tripathi, Saumitra
Dwivedi
Counsel for Opposite Party(s) : Abdul Rahim, Ajay Pandey,
G.A., Mohd. Azam, Shivam
Pandey
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Heard Mr. Saumitra Dwivedi, learned Counsel for the
applicants, Mr. Zaved Alam, learned Counsel holding brief of
Mr. Abdul Rahim, learned Counsel for opposite party no.2 and
learned A.G.A. for the State.
2. The present application under Section 482 Cr.P.C. has been
filed by the applicants with the prayer to quash the impugned
summoning order dated 04.04.2023 as well as entire
proceedings of Complaint Case No. 4642 of 2022, Ranjan
Singh v. Neetu Singh and others, under Section 506 I.P.C., P.S.
Dhoomanganj, District Prayagraj pending before the learned
Additional Chief Judicial Magistrate, Court No.9, Allahabad.
3. It is submitted by the learned Counsel for the applicant that
the marriage of the opposite party no.2 was solemnized with
applicant no.1 on 19.11.2019 as per Hindu Rites and Rituals.
Thereafter, opposite party no.2 and his entire family started
harassing the applicant both physically and mentally and also
started demanding additional dowry. Thereafter, applicant no.1
got an F.I.R. registered as Case Crime No. 304 of 2022, under
Sections 498-A, 323, 506, 354, 377 I.P.C. and Section 3/4 D.P.
Act against the opposite party no.2 and his family members.
Thereafter, the opposite party no.2 filed the instant complaint
A482 No. 19188 of 2024
2
against the applicants as a counter blast with false and frivolous
allegations, in which he got himself examined under Section
200 Cr.P.C. and his witnesses namely Nanki Devi and Sujeet
Kumar under Section 202 Cr.P.C. The learned Magistrate has
summoned the applicants to face trial under Section 506 I.P.C.
Learned Counsel for the applicants submits thta the impugned
order has been passed against the settled principle of law. Thus,
the impugned summoning order as well as entire proceedings
of the aforesaid case may be quashed.
4. Per contra, learned A.G.A has opposed the prayer advanced
by the learned Counsel for the applicants and submitted that the
learned Magistrate has not committed any illegality in passing
the impugned order. Therefore, the present application may be
dismissed.
5. As per the fact of the case record, it is clear that the opposite
party no.2 filed the a complaint against the applicants in which
he got himself examined under Section 200 Cr.P.C. and his
witnesses namely Nanki Devi and Sujeet Kumar under Section
202 Cr.P.C. The learned Magistrate vide order dated
04.04.2023 has summoned the applicants to face trial under
Section 506 I.P.C. While passing the impugned order, the
learned Magistrate has taken into consideration the facts stated
in the complaint as well as the statement of the complainant
recorded under Section 200 Cr.P.C. as well as his witnesses
under Section 202 Cr.P.C.
6. From the perusal of the 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 applicant. All the submission
made at the bar relates to the disputed question of fact, which
cannot be adjudicated upon by this Court in exercise of power
conferred under Section 528 B.N.S.S. At this stage only prima
facie case is to be seen in the light of the law laid down by
Supreme Court in cases of R.P. Kapur Vs. State of Punjab,
A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal,
1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992
A482 No. 19188 of 2024
3
SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works
Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005
SCC (Cr.) 283. The disputed defence of the accused cannot be
considered at this stage.
7. Considering the facts and circumstances of the case, I do not
find any ground to quash the aforementioned case.
8. Accordingly, the application is dismissed.
February 24, 2026
Vijay
(Chawan Prakash,J.)
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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