In matrimonial disputes, vague and generalized allegations against family members fail to establish a prima facie case, necessitating specificity to avoid misuse of legal provisions.

JUDGMENT :

Manju Rani Chauhan, J.

1. The applicants have preferred instant application under Section 528 BNSS [Bhartiya Nagarik Suraksha Sanhita, 2023] challenging order dated 29.10.2024 along with charge sheet dated 19.08.2024 and the entire proceeding of Case No.14793 of 2024[ State v. Smt. Virendra Singh and others ],arising out of Case Crime No.191 of 2024, Police Station- Hapur Nagar, District- Hapur, up to the extent of summoning the applicant no.1 under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act and applicant nos. 2 and 3 under Sections 498-A, 323, 307 I.P.C. and Section 3/4 D.P. Act, pending in the court of Chief Judicial Magistrate, Hapur.

2. Sri Anil Tiwari, learned Senior Advocate, assisted by Mr. Manoj Kumar, appears on behalf of the applicants, Mr. Imran Ullah, Mr. Vineet Vikram and Mr. Ishir Sripat, learned counsels have put in appearance for opposite party no.2 and Mr. Satyendra Tiwari, learned A.G.A. for the State. With the consent of learned counsel appearing for the parties, the case is being heard and decided finally without calling counter affidavit.

3. Learned counsel for the applicants placed brief facts of the case, that on the basis of an order passed by the Chief Judicial Magistrate, Hapur on an application moved before the Chief Judicial Magistrate under Section 156(3) Cr.P.C., a First Information Report[FIR]was lodgedon 16.03.2024 at 06:49 hrs. against the father-in-law Virendra Singh (applicant no. 1), mother-in-law Meenakshi Singh (applicant no. 2), Nanad Swati Singh (applicant no. 3) and Arjun Singh husband of the informant, stating that the informant is a law abiding and trustworthy woman, presently residing in Hapur and her permanent address is of Madhya Pradesh. She has detailed about the accused persons named in the FIR showing her relation with them. Informant’s version in the FIR is that her marriage was solemnized with accused Arjun Singh on 25.06.2023 in Ujjain, Madhya Pradesh. Thereafter, the marriage was registered before the Registrar, Marriages, Sadar-1, Hapur on 27.06.2023 through an application no. 202314100302. Said marriage was mediated by Sri Umesh Singh Chauhan +91-8770894052, resident of Ujjain, Madhya Pradesh, wherein informant’s husband Arjun Singh, aged about 34 years, was stated to be the resident of Toronto, Canada (425-221 Balliol Street, M4S1C8, Toronto) and it was also informed that Arjun Singh is the citizen of Canada and previously he had not performed any marriage. Copy of Canadian Passport No. A1887019 of Arjun Singh has been enclosed.

3.1 It is further stated in the FIR that ‘Roka’/ engagement ceremony of the informant and Arjun Singh was performed on 11.12.2022, wherein informant’s father gifted a gold chain (3.5 tola) to her husband, Rs. 11,000/- each to father-in-law and mother-in-law and Rs. 3100/- each to Nanad and her husband. After the engagement ceremony, Arjun Singh went back to Canada and no date of marriage was decided as it had to be fixed as per return schedule of Arjun Singh from Canada. After some time, marriage was slated for 25.06.2023. The informant, in the FIR, further alleges that while the marriage arrangements had been done by her father, her father-in-law called her father asking to spend at least Rs. 1 Crore in the marriage ceremony and specified the guests to whom cash envelops or gifts were to be presented, including the booking of hotel and other arrangements. While the informant’s father raised objection over the demands stepped up by her father-in-law, he spoke that his son is a Canadian citizen and