Vague allegations lacking specificity do not justify summoning under Sections 504 and 506 of IPC.

JUDGMENT :

VIKRAM D. CHAUHAN, J.

1. Heard Sri Ganesh Shankar Srivastava, learned counsel for the applicants, Sri Deo Prakash Singh, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

2. The present application is preferred by Applicants under Section 482 of Criminal Procedure Code, 1973 challenging the summoning order dated 7.1.2022 passed by Special Chief Judicial Magistrate, Allahabad as well as entire proceedings of Complaint Case No. 745 of 2021 (Gyanendra Sharma Vs. Smt. Heerawati and another), Police Station-Colonelganj, District-Prayagraj, under Sections 504 and 506 of Indian Penal Code, pending in court of Special Chief Judicial Magistrate, Allahabad.

3. Initially, the opposite party no.2 preferred an application under Section 156 (3) Cr.P.C. against the Applicants and four unknown persons. The aforesaid application was preferred before Special Chief Judicial Magistrate, Allahabad. The learned Magistrate by order dated 6.7.2021 called for report from the police station concerned. After receiving the report from the police station concerned, the above- mentioned application was registered as a Complaint Case No. 745 of 2021, Gyanendra Sharma Vs. Smt. Heerawati and others.

4. The prosecution case as per above-mentioned application/complaint is to the effect that the opposite party no. 2- complainant was married to Smt. Prathiba Nanda on 24.2.2019. Thereafter, wife came to matrimonial home on 25.2.2019. No dowry was taken in the marriage by complainant or his family members. The gift given by father of Smt. Prathiba Nanda-wife at the time of marriage is with her. On the first night of marriage, the wife informed the complainant that she was having love affair with another person and marriage with the complainant has taken place without her consent. The complainant in order to keep the wife happy took her to Kerala from 1.3.2019 to 10.3.2019, however, the relationship did not improve and the wife was pressurising the complainant to come back to matrimonial home and she used to fight with the complainant. The wife also used to threaten the complainant with dire consequences.

5. It is also alleged in the complaint preferred by complainant that on 30.4.2021 when the complainant was not present at the house, the wife without informing any person taking away all her stridhan and clothes went to her parental home. On 5.5.2021 at about 6 P.M., the father of wife-Applicant no.2 and mother of the wife-Applicant no.1 and four other persons came to house of the complainant and started abusing the complainant and his family members, when the same was resisted, the aforesaid persons have assaulted the complainant and his family members and have destroyed the things lying in the house. When the alarm was raised by complainant, the neighbours came to house of complainant and thereafter, accused persons went away threatening for life. It is also alleged in the complaint that as a result of assault, complainant and his family members also sustained injuries.

6. The court concerned thereafter recorded statement of complainant under section 200 of Code of Criminal Procedure, 1973. The complainant in his statement before the court concerned has stated that he was married to Smt. Prathiba Nanda on 24.2.2021. It is also alleged that the relationship with the wife was not good. The wife is living at her maternal home since 30.4.2021. On 5.5.2021 the Applicant nos. 1 & 2 came to the house of complainant and abused & threatened that if opposite party no.2 come to take Smt. Prathiba Nanda, they would kill the complainant. The complainan