Point of Law: Suppression or concealment of material facts is forbidden to a litigant or even as a technique of advocacy.

JUDGMENT :

SANJAY KUMAR SINGH, J.

1. Heard Shri Jay Singh Yadav, learned counsel for the applicants, Shri Rabindra Kumar Singh, learned Additional Government Advocate representing the State and Shri Anil Kumar Srivastava, learned counsel appearing on behalf of opposite party No. 2 and perused the record of the case.

2. By means of this application under Section 482 of the Code of Criminal Procedure (herein after referred to as “Cr.P.C.”) the applicants have prayed for quashing of the entire criminal proceeding of Complaint Case No. 1749 of 2017 (Kamla Shankar Yadav vs. Umesh Kumar Yadav and others), under Section 406 IPC and Section 6 of Dowry Prohibition Act, police station Handia, district Allahabad, pending in the court of Special Chief Judicial Magistrate, Allahabad on the basis of compromise arrived at between the parties.

3. The emanation of facts giving rise to the present application are that a complaint was filed on 28.8.2017 by the complainant Kamla Shanker Yadav arraigning therein as many as four accused namely Umesh Kumar Yadav, Mahesh Kumar Yadav, Gulab Devi and Phula Devi inter alia with the allegations that the marriage of her daughter namely Km. Jyoti Yadav was fixed with applicant No. 1, Umesh Kumar Yadav for 22.5.2017. Pre-marriage ceremonies, like Goad Bharai and Bariksha were held, in which Rs. 100,000/- was given to Mahesh Yadav, one gold ring and and sum of Rs. 11,000/- were given to Umesh Yadav. In addition thereof, money and clothes were also given to the persons attended the ceremonies. In the feast of Goad Bharai, Rs. 75,000/- was spent. It is further mentioned in the complaint that the complainant has made the bookings of all necessary things for which about Rs. 50,000/- was given as advance. On 09.5.2017, when the complainant went to the house of the accused for fixing the date of Tilak ceremony, they demanded Rs. 500,000/- (rupees five lac) in cash, a motorcycle and a gold chain. When the complainant along with his family members and relations went to the house of the accused on 10.5.2017, they abused them and done undignified behaviour with them and also refused for marriage, which was fixed for 22.5.2017.

4. After examining the complainant under Section 200 Cr.P.C. and witnesses Dharmendra Kumar and Manish Kumar under Section 202 Cr.P.C. the learned Magistrate vide order dated 20.9.2018 summoned the applicants to face trial.

5. Prior to lodging of the instant complaint, the complainant has also lodged a first information report against the accused-applicants at case crime No. 546 of 2017, under Sections 504, 506 IPC and ¾ of Dowry Prohibition Act, police station Handia, district Prayagraj almost on the same set of facts.

6. Being aggrieved and dissatisfied with the order of the learned Magistrate dated 20.9.2018 summoning the accused-applicants, the applicants have challenged the same by means of filing Application U/S 482 No. 2224 of 2019, which was disposed of by the coordinate Bench of this Court vide order dated 21.1.2019. The order reads as under:

“This Application under Section 482 Cr.P.C. has been filed with the prayer to quash further proceedings of Complaint Case No. 1749 of 2017 (Kamla Shankar Yadav vs. Umesh Kumar Yadav and others), under Section 406 IPC and Section 6 of Dowry Prohibition Act, Police Station Handia, district Allahabad pending in the court of Special Chief Judicial Magistrate, Allahabad. Further prayer has been made to stay the effect and operation of the aforesaid order.

Heard learned counsel for the applicants and learned A.G.A.

Submission of learned counsel for the applicants is that summoning order was passed in the matter for the same set of facts for which FIR had already been lodged in which investigation is going on. Thus summoning order is illegal.

Learned A.G.A. opposed the prayer.

Having heard learned counsel for the parties and keeping in view the provisions provided under Section 210 Cr.P.C. the application is disposed of at this stage itself with the direction to the