Allahabad High Court

MANISHversusSTATE OF U.P. AND ANOTHER

Decided: 24 March 2026
Bench: CHAWAN PRAKASH

Holding

The court held that a prima facie case exists and the magistrate's summoning order cannot be quashed under Section 482 Cr.P.C.

Summary

The applicant filed a Section 482 Cr.P.C. application seeking to quash a criminal complaint (Case No.127368 of 2022) and a summoning order dated 12‑09‑2023, which alleged that he had assaulted and threatened his wife under Sections 323 and 506 IPC. The wife had earlier approached the mediation centre for a maintenance case under Section 125 Cr.P.C. and later filed a complaint alleging harassment and criminal intimidation. The magistrate examined the complainant under Section 200 and her witnesses under Section 202 Cr.P.C. and issued the summons. The applicant argued that the allegations were false and that no prima facie case existed, while the respondent contended that the magistrate correctly considered the evidence. The High Court held that the magistrate had recorded sufficient reasons, that a prima facie case existed, and that the disputed facts could not be decided at the quashal stage. Consequently, the application to quash was refused and dismissed.

Issues considered

Whether the High Court can quash the criminal complaint and summoning order under Section 482 Cr.P.C.
Whether a prima facie case exists against the applicant under Sections 323 and 506 IPC.
Whether the magistrate erred in law or exceeded jurisdiction in issuing the summons.

Legislation cited

Code of Criminal Procedure, 1973 — s. 156, 200, 202, 482
Indian Penal Code — s. 125, 323, 506

Subjects

Section 482 CrPC
quash of criminal proceeding
prima facie case
domestic violence
criminal intimidation
Sections 323 IPC
Sections 506 IPC
High Court jurisdiction

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 42291 of 2024

Manish
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Kumar Dhananjay
Counsel for Opposite Party(s) : Ajay Singh Yadav, G.A., Shubham Yadav

Court No. - 81
HON'BLE CHAWAN PRAKASH, J.

1. Heard Sri Kumar Dhananjay, learned counsel for applicant, 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 for
quashing the entire proceedings of Complaint Case No.127368 of 2022
(Smt. Poorvi Agarwal Vs. Manish) under Sections 323, 506 I.P.C., Police
Station Mahila Thana, District Ghaziabad and also set aside the
summoning order dated 12.09.2023 passed by learned Civil Judge (Junior
Division)/F.T.C.-I/Judicial Magistrate, Court No.32, Ghaziabad, pending
before learned Civil Jduge (Jr. Division)/F.T.C.-I (Crime Against
Women), Ghaziabad.

3. Learned counsel for the applicant submits that the marriage between
the applicant and opposite party No.2 was solemnized on 13.11.2020, and
out of the said wedlock, a female child was born on 06.12.2021. It is
alleged by opposite party No.2 that soon after the marriage, she was
subjected to harassment and cruelty by the applicant. It is further
submitted that opposite party No.2 had earlier filed proceedings under
Section 125 Cr.P.C. seeking maintenance, which were referred to
mediation. The applicant appeared before the Mediation Centre on
24.12.2021 and 10.01.2022. It is alleged that during the said mediation
proceedings, the applicant threatened opposite party No.2 to kill her.
Thereafter, opposite party No.2 moved an application under Section
156(3) Cr.P.C. on 26.09.2022 against the applicant, leveling allegations of
harassment and criminal intimidation. The said application was treated as
A482 No. 42291 of 2024
2

a complaint case by the learned Magistrate vide order dated 19.12.2022.
In support of the complaint, the complainant was examined under Section
200 Cr.P.C., and her witnesses, namely, Bal Krishna Agarwal and Sunil
Kumar, were examined under Section 202 Cr.P.C. It is further submitted
that although opposite party No.2 has alleged that the applicant had
threatened her during the mediation proceedings but no such allegation
was made by her before the Mediation Centre during the mediation
proceeding. Upon consideration of the said material, the learned
Magistrate summoned the applicant under Sections 323 and 506
I.P.C. Learned counsel for the applicant further submits that the
allegations made in the complaint are false, concocted, and motivated,
and that even if the entire prosecution story is taken at its face value, no
prima facie case is made out against the applicant. It is contended that the
learned Magistrate has failed to consider the material on record, facts and
circumstances of the case and has passed the impugned summoning order
without due application of judicial mind. It is, therefore, submitted that
the impugned summoning order is illegal, arbitrary, and liable to be set
aside.

4. Per contra, learned counsel for opposite party No.2 has opposed the
submissions advanced on behalf of the applicant. It is contended that on
24.12.2021 and 10.01.2022, when opposite party No.2 appeared before
the Mediation Centre in connection with the mediation proceedings, the
applicant threatened her to withdraw the case and also threatened to kill
her. It is further alleged that the applicant pushed opposite party No.2, as
a result of which she sustained injuries. It is further submitted that
thereafter opposite party No.2 moved an application under Section 156(3)
Cr.P.C., which was treated as a complaint case vide order dated
19.12.2022. In support of the complaint, the complainant was examined
under Section 200 Cr.P.C., and her witnesses, namely, Bal Krishna
Agarwal and Sunil Kumar, were examined under Section 202
Cr.P.C. Thereafter the learned Magistrate summoned the applicant on
12.9.2023 under Sections 323, 506 I.P.C. It is thus contended that the
learned Magistrate has rightly passed the impugned summoning order and
has not committed any illegality in passing the same. Therefore, the
present application is liable to be dismissed.
A482 No. 42291 of 2024
3

5. From the perusal of the record, it transpires that the allegation against
the on 24.12.2021 and 10.01.2022, when opposite party No.2 appeared
before the Mediation Centre in connection with the mediation
proceedings, the applicant threatened her to withdraw the case and also
threatened to kill her. Thereafter the opposite party No.2 moved an
application under Section 156(3) Cr.P.C., which was treated as a
complaint case vide order dated 19.12.2022. The opposite party No.2 was
examined under Section 200 Cr.P.C., and her witnesses were examined
under Section 202 Cr.P.C. The learned Magistrate summoned the
applicant vide order dated 12.09.2023 under Sections 323 and 506 I.P.C.
A perusal of the impugned summoning order reveals that the learned
Magistrate has duly considered the averments made in the complaint as
well as the statements of the complainant and the witnesses recorded
under Sections 200 and 202 Cr.P.C. The learned Magistrate has recorded
sufficient and cogent reasons while passing the impugned order.

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 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 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 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, therefore, the prayer for
quashing the same is hereby refused.

8. Accordingly, the application is dismissed.

(Chawan Prakash,J.)
March 25, 2026/Md Faisal

Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad

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