Allahabad High Court
MUKESH KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The order of cognizance dated 09‑11‑2023 is set aside and the matter is remitted to the concerned court for a fresh order.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking to quash the proceedings in State v. Mukesh Kumar (Case No. 2978 of 2023) pending before the Additional Chief Judicial Magistrate‑III, Ghaziabad. They contended that the cognizance order dated 09‑11‑2023 was passed without due consideration because the charge‑sheet named only Sections 498A IPC and Sections 3/4 of the Domestic Violence Act, whereas the summons invoked additional offences (Sections 323, 504, 506 IPC), constituting an abuse of process. The High Court held that the cognizance order was indeed flawed, set it aside and remitted the matter to the lower court to pass a fresh order within six weeks. The Court also directed the return of a mediation amount of Rs. 15,000 deposited by the applicant, as the opposite party failed to appear at the mediation. Consequently, the application was allowed.
Issues considered
- Whether the cognizance order dated 09‑11‑2023 was passed without applying mind, thereby constituting an abuse of process.
- Whether the High Court can quash the proceedings under Section 482 CrPC on the ground of procedural irregularity.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 498A, 504, 506
- Protection of Women from Domestic Violence Act, 2005 — s. 3, 4
Subjects
- Section 482 CrPC
- abuse of process
- cognizance order
- quash of criminal proceedings
- domestic violence
- mediation
- miserial dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 35120 of 2024
Mukesh Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Martand Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Martand Kumar, learned counsel for the applicants, learned
A.G.A. for the State and perused the record.
2. The present application under Section 528 BNSS has been filed with a
prayer to allow this application and quash the entire proceedings of Case
No. 2978 of 2023 (State v. Mukesh Kumar and Others) arising out of Case
Crime No. 0435 of 2023 under Sections 498A, 323, 504, 506 IPC and 3/4
D.P. Act, Police Station-Sihani Gate, District-Ghaziabad and charge-sheet
dated 09.08.2023, cognizance order/summoning order dated 09.11.2023
passed by learned Additional Civil Judge (Senior Division), Court No. 3,
Ghaziabad in Case No. 2978 of 2023 (State v. Mukesh Kumar and Others)
arising out of Case Crime No. 0435 of 2023 under Sections 498A, 323, 504,
506 IPC and 3/4 D.P. Act, Police Station-Sihani Gate, District-Ghaziabad,
pending in the Court of learned Additional Chief Judicial Magistrate-III,
Ghaziabad.
3. Learned counsel for the submits that the order taking cognizance dated
09.11.2023 has been passed without application of mind as the applicant No.
3 has been charge-sheeted only under Sections 498A IPC and 3/4 D.P. Act
but the summoning order has been passed under Sections 498-A, 323, 504,
506 IPC and 3/4 D.P. Act, which is an abuse of process of the law.
4. Accordingly, the order dated 09.11.2023 passed by learned Additional
Civil Judge (Senior Division), Court No.3, Ghaziabad is hereby set aside and
the matter is remitted back to the Court concerned to passed a fresh order, as
A482 No. 35120 of 2024
2
expeditiously as possible, preferably within a period of six weeks from the
date of the certified copy of this order is produced before the Court.
5. Learned counsel for the applicants further states that the matrimonial
dispute between the parties was referred to the Mediation Centre of this
Court vide order dated 02.12.2024 and the applicant had deposited the
mediation amount of Rs. 15,000 in favour of the Registrar General,
Allahabad High Court Mediation and Conciliation Centre. As the opposite
party No. 2 did not appear for the mediation, Registrar General is directed to
return the said amount to applicant No. 1 at the earliest.
6. With the aforesaid observations, present application is allowed.
(Nand Prabha Shukla,J.)
May 6, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
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