498A Summons Quash Judgement 31.01.2023- No Judicial Mind Applied by the Magistrate before passing Summoning order, Proceedings against the Husband Quashed.
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| 498A Summons Quash Judgement 31.01.2023 |
498A Summons Quash Judgement 31.01.2023- In this article, the Allahabad High Court held that the Magistrate did not apply the judicial mind before passing the summoning order and no inquiry was conducted to check whether a prima facie case has been made out against the husband or not. The Magistrate has passed a cryptic order simply by saying that the statement of the wife, as well as the statement of her witnesses recorded under Sections 200 and 202 of CrPC, are perused and summoning of the husband on the basis of an order which could not stand the test of law is itself illegal. Therefore, the criminal proceedings against the Husband are hereby quashed.
Case Brief- 498A Summons Quash Judgement 31.01.2023
According to the facts of this case, the wife filed a complaint at the police station under Sections 498A, 323, 504, 506 of IPC and Sections 3/ 4 of the Dowry Prohibition Act against her Husband and In-laws.
Later, the case was registered against the husband and In-laws, and a summoning order dated 30.08.2022 was passed by the Magistrate, Azamgarh, and the entire proceedings of the case are pending in the court of the Magistrate, Azamgarh.
Upon this, the present application has been filed by the Husband under Section 482 of CrPC to quash the proceedings and the summoning order dated 30.08.2022 against him.
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Arguments- 498A Summons Quash Judgement 31.01.2023
The advocate appearing on behalf of the husband submitted that the order impugned in the present application is arbitrary, and the Magistrate has simply recorded a conclusion on the basis of the complaint, the statement of the wife, and her witnesses that a prima facie offense under Sections 504, 506, and 406 of IPC have been committed by the husband and In-laws.
It is also submitted that the conclusion recorded by the Magistrate is not preceded by a discussion of the allegations made in the complaint by the wife or the statements of the wife and her witnesses as recorded under Sections 200 and 202 of CrPC.
It is further submitted that in the absence of any finding recorded by the Magistrate, on the basis of allegations made in the complaint, the statement of the wife, and the statements of her witnesses, no prima facie satisfaction was recorded by the Magistrate for summoning the husband under Sections 498A, 323, 504, 506 IPC and Sections 3/ 4 of the Dowry Prohibition Act.
Arguments- 498A Summons Quash Judgement 31.01.2023
It is also submitted that the husband has been summoned by the Magistrate without holding any inquiry, and no finding has been recorded by the Magistrate in the present case.
Therefore, he prayed for the quashing of proceedings and summoning order dated 30.08.2022 passed by the Magistrate against the Husband.
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Referred Judgements- 498A Summons Quash Judgement 31.01.2023
- Priyanka Srivastava and another Vs. State of U.P. and another
- Mahboob and Others Vs. State of U.P. and another
- Smt. Shiv Kumar and Others Vs. State of U.P. and another
- Hariram Verma and Others Vs. State of U.P. and another
- M/s. Pepsi Food Ltd. & Another Vs. Special Judicial Magistrate & Others
- S.M.S. Pharmaceuticals Ltd. Vs. Neeta Bhalla
- Anita Malhotra Vs. Apparel Export Promotion Council
Court’s Opinion- 498A Summons Quash Judgement 31.01.2023
It is stated by the court that in the present case, the Magistrate has not conducted any inquiry to satisfy himself that the allegations made by the wife in the complaint constitute an offense and there is nothing on record to show that the Magistrate has applied his mind to arrive at a prima facie conclusion, and such order cannot be accepted as a proper legal judicial order passed after following the procedure of the law.
It is also stated by the court that the summoning of the husband to appear in the criminal court is a serious matter which affects his dignity, self-respect, and his image in society, and the process of the criminal court should not be made a weapon of harassment.
The court further stated that the Magistrate has passed a cryptic order simply by saying that the statement of the wife as well as the statement of her witnesses recorded under Sections 200 and 202 of CrPC are perused and summoning the husband on the basis of an order which could not stand the test of law is itself illegal.
Court’s Opinion- 498A Summons Quash Judgement 31.01.2023
The court also referred to one of the above-mentioned cases in which it has been held that the Magistrate is required to at least mention in the summoning order about the prima facie satisfaction for summoning the accused person, and the order passed by the Magistrate must reflect that the Magistrate has exercised his jurisdiction in accordance with the law, and he has satisfied himself about the prima facie allegation made in the complaint.
It has also been held that the Magistrate shall note in the impugned order the contents of the complaint and the pieces of evidence under sections 200 and 202 of CrPC and there shall be a discussion of evidence available in the case, and it should be considered as to what overt act has been allegedly committed by the accused person.
At the stage of summoning an accused, the Magistrate is not required to examine meticulously or to evaluate the evidence, and the Magistrate is not required to record the detailed reason for passing a summoning order, and the only thing expected by the Magistrate is a brief order which indicates the application of mind.
Court’s Opinion- 498A Summons Quash Judgement 31.01.2023
It is also stated by the court that it is a settled principle of law that while summoning an accused person, the court shall see the prima facie evidence, and the inquiry under sections 200 and 202 of CrPC is limited only to know the truth of the allegations made in the complaint and to check whether, on the material placed by the person who filed the complaint, a prima facie case has been made out for summoning the accused person or not.
Furthermore, the court stated that the passing of summoning order for summoning any accused person is a very important matter which initiates a criminal proceeding against the accused, and such orders shall not be passed without applying judicial mind.
In view of the above discussion, the court held that it is clear that the impugned summoning order passed by the Magistrate is cryptic, it does not stand the test laid down by the court, and the summoning order passed by the Magistrate is liable to be quashed, and the Magistrate shall pass a fresh order in the light of the observations made in this case
Therefore, the present application filed by the husband is allowed, and the summoning order dated 30.08.2022 passed by the Magistrate, Azamgarh, and the proceedings against the husband is hereby quashed.
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Conclusion- 498A Summons Quash Judgement 31.01.2023
In this article, the Allahabad High Court held that the Magistrate has not conducted any inquiry to satisfy himself that the allegations made by the wife in the complaint constitute an offense and there is nothing on record to show that the Magistrate has applied his mind to arrive at a prima facie conclusion.
It is also held that the Magistrate has passed a cryptic order simply by saying that the statement of the wife as well as the statement of her witnesses recorded under Sections 200 and 202 of CrPC are perused and summoning the husband on the basis of an order which could not stand the test of law is itself illegal.
Therefore, the summoning order dated 30.08.2022 passed by the Magistrate, Azamgarh, and the proceedings against the husband are hereby quashed.
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