KAMLESH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

        HIGH COURT OF JUDICATURE AT ALLAHABAD

          APPLICATION U/S 528 BNSS No. - 5128 of 2026



Kamlesh And 3 Others
                                                           .....Applicant(s)
                                 Versus
State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                        :    Rishu Srivastav
Counsel for Opposite Party(s)                   :    G.A.

Court No. - 74


                   HON'BLE DEEPAK VERMA, J.

1. Heard counsel for the applicants and learned AGA for the State.


2. The present 528 B.N.S.S. application has been filed to quash the
impugned summoning order dated 22.12.2015 passed by Judicial
Magistrate, Baghpat in Complaint Case No.4415 of 2015 (Smt.Seema vs.
Monu and others), under Sections 323, 504, 506, 498-A I.P.C. and
Section 3 & 4 of Dowry Prohibition Act, pending in the court of Judicial
Magistrate, Baghpat.

3. Present complaint lodged by opposite party no.2 against the applicants.
Applicants are mother-in-law, sister-in-law, brother-in-law and Jethani of
opposite party no.2. Whole proceeding initiated against the applicants by
opposite party no.2 is malice prosecution and is liable to be set aside and
in view of Geeta Mehrotra and another vs. State of U.P. and another
reported in AIR 2103 SC 181, proceeding is liable to be quashed. On
perusal of complaint, no offence under alleged section is made out against
the applicants. Applicants constantly demanding dowry and when demand
was not fulfilled, then applicants ousted opposite party no.2 on
04.07.2015 from the matrimonial house. Cognizance and summoning by
learned magistrate is without application of judicial mind and liable to be
set aside. Learned counsel for the applicants next submits that applicants
are enlarged on bail and regularly participated in the trial court
proceeding but till today no charge has been framed. By supplementary
affidavit, learned counsel for the applicants has filed complete ordersheet
of the case.
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4. Per contra, learned A.G.A. opposed the submission raised by learned
counsel for the applicant.


5. On perusal of complaint, it is apparent that opposite party no.2 married
in the year 2014. Thereafter, after one year of marriage, opposite party
no.2 was ousted from matrimonial house on account of demand of dowry.
In complaint various allegation alleged against the applicants and other
family members. Allegation alleged in the complaint is very much
supported by statement recorded under sections 200 & 202 Cr.P.C. and on
perusal of order-sheet, it is also apparent that proceeding is pending since
2015. Husband of the applicant no1 and Jeth are not appeared before trial
court proceeding and non-bailable warrant and 82 & 83 Cr.P.C.
proceeding has been initiated against the husband and Jeth. Husband and
Jeth are not cooperating in the trial proceeding since last 11 years.
Contents of summoning order and statement recorded under sections 200
& 202 Cr.P.C. prima-facie discloses offence against the applicants. Court
is not inclined to grant any relief to the applicants.

6. The grounds taken in the application reveal that many of them relate to
disputed question of fact. This Court is of the view that it is well settled
that the appreciation of evidence is a function of the trial court. This
Court in exercise of power under Section 482 Cr.P.C. cannot assume such
jurisdiction and put an end to the process of trial provided under the law.
It is also settled by the Apex Court in catena of judgments that The
impugned criminal proceeding against the applicants is abuse of the
process of the Court and is liable to be quashed by this Court.the power
under Section 482 Cr.P.C. at pre-trial stage should not be used in a
routine manner but it has to be used sparingly, only in such an appropriate
cases, where it manifestly appears that there is a legal bar against the
institution or continuance of the criminal proceedings or where
allegations made in First Information Report or charge-sheet and the
materials relied in support of same, on taking their face value and
accepting in their entirety do not disclose the commission of any offence
against the accused. The disputed questions of facts and defence of the
accused cannot be taken into consideration at this pre-trial stage.

7. In view of the above, in the light of judgment of the Apex Court in the
matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866,
Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law
(SC) 642, 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, no ground for quashing the proceedings
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                                        of the aforesaid case, is made out which may call for any interference by
                                        this Court in exercise of its inherent power under Section 482 Cr.P.C. as
                                        the same do not suffer from any illegality or infirmity.

                                        8. Hence, the present application is, accordingly, dismissed.

                                        9. However, if the applicants move discharge application before the court
                                        below, the court below shall consider the same and decide the application
                                        expeditiously, in accordance with law.


                                        April 20, 2026
                                        SKD
                                                                                              (Deepak Verma,J.)




Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad