498A Summons Quashing 25.07.2022 - Allahabad High Court – General allegations against husband and In-laws. Summons Quashed.
 |
| 498A Summons Quashing 25.07.2022 |
GET THIS DOC IN PDF WITH CASE DETAILS
Ravish Mall And Another vs State Of U.P. And Another on 25.07.2022
498A Summons Quashing 25.07.2022 – In this article, the Allahabad High Court has held that falsely implicated allegations made against the five petitioners were general in nature. It is clear that the impugned summoned order passed by the Court below is cryptic and does not stand the test laid down by this Court. Accordingly, the present criminal application succeeds and is allowed. The impugned summoning order dated 17.02.2020 passed by Magistrate, is set aside. The Magistrate shall pass a fresh order in the light of the observations made herein above.
Case brief - 498A Summons Quashing 25.07.2022
The application under section 482 Code of Criminal Procedure has been
filed challenging the summoned order dated 17.02.2020 passed by the Additional
Chief Judicial Magistrate, Deoria, under Section 498A, 323, 504, 506 IPC and
Sections 3 & 4 of Delhi Police Act, District as well as the entire
proceedings of the mentioned complaint case.
_________________________________________________________________________
Read Latest Article- 498A Quash Judgement 20.07.2022 - Madras High court - Bald and Vague allegations made against the husband and his family members. FIR Quashed.
Read Latest Article- 498A Quash Judgement 19.07.2022 - Calcutta High court - Baseless allegations made against the husband and his relatives. FIR Quashed.
Read Latest Article- 498A Quash after Chargesheet 08.07.2022 - Calcutta High court - Vague and Omnibus allegations made against the husband and the mother-in-law. FIR Quashed.
Read Latest Article- 498A quash after chargesheet 29.06.2022 - Karnataka High court - Omnibus statements made against parents-in-law & sister-in-law. FIR Quashed.
Arguments - 498A Summons Quashing 25.07.2022
Advocate for the
petitioners invited the attention of the Court to the summoned order dated
17.02.2020. The advocate submitted that the impugned order in the present
application is wholly arbitrary and therefore liable to be set aside by this
Court.
He further elaborated
his submission and submitted that the court below has simply recorded a
conclusion that on the basis of the complaint, the statement of the wife and
his witnesses, prima facie an offence under Section 498A, 323, 504, 506 IPC
and Sections 3 & 4 Delhi Police Act appears to have been committed.
_______________________________________________________________________________
Referred cases - 498A Summons Quashing 25.07.2022
1. Mahboob and
others vs. State of Uttar Pradesh
2. Shiv Kumar and
others vs. State of Uttar Pradesh
3. Hariram Verma
Vs. State of Uttar Pradesh
4. M/s. Pepsi Food
Ltd. & another vs. Special Judicial Magistrate
5. Paul George vs.
State
6. S.M.S.
Pharmaceuticals Ltd. v. Neeta Bhalla
7. Anita Malhotra
v. Apparel Export Promotion Council
________________________________________________________________________
_______________________________________________________________________
Court opinion - 498A Summons Quashing 25.07.2022
In the present case, the Magistrate has not conducted any inquiry so as
to satisfy himself that the allegations in the complaint constitute an offence when
considered along with the statements recorded.
There are few grounds for initiating proceedings against the petitioners under Section 204 CrPC. There is nothing on record to show that the Magistrate has applied his mind to arrive at a prima facie conclusion.
It must be recalled that summoning of accused to appear in the criminal court is a serious matter affecting the dignity self-respect and image in society. A criminal court process cannot be made a weapon of harassment.
The magistrate has passed a very cryptic order simply by saying that the
statement of wife, as well as witnesses recorded under Sections 200 and 202
CrPC, are perused and petitioners are summoned such order though this order itself
is illegal which could not stand the test of law.
Considering the averment of a present petition under section 482 CrPC as,
the incorrect and unbelievable complaint case, false implication of five
petitioners, and the general allegations leveled by the informant in her FIR
without allegations of any specific act, the incorrectness of cause of action
for the complaint and considering the vagueness of information mentioned in the complaint,
and considering the verdict mentioned in above rulings of Hon'ble Apex Court,
this seems to be a case in which petitioners should succeed and the impugned
summoned order, as well as the complaint case, should be quashed.
_____________________________________________________
Buy "Guide to Fight Maintenance Under section 125 Cr.P.C
_________________________________________________________________________________
Conclusion - 498A Summons Quashing 25.07.2022
In this article, the Allahabad High Court has held that the false
implicated allegations made against the five petitioners were general in
nature. Considering the judgements referred above, it is clear that the
impugned summoning order passed by the Court below is cryptic and does not stand
the test laid down by this Court.
Accordingly, the present criminal application succeeds and is allowed. The impugned summoning order dated 17.02.2020 passed by Magistrate, under Section 498A, 323, 504, 506 IPC and Sections 3 & 4 Delhi Police Act, is set aside. The Magistrate shall pass a fresh order in the light of the observations made herein above.
Blogger Comment
Facebook Comment