Court No. - 67

Case :- APPLICATION U/S 482 No. - 736 of 2023

Applicant :- Sonu

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Anand Priya Singh

Counsel for Opposite Party :- G.A.,Upendra Kumar Pushkar

Hon'ble Rahul Chaturvedi,J.

Heard Shri Anand Priya Singh, learned counsel for the applicant;

Shri Upendra Kumar Pushkar, learned counsel for opposite party

no.2 and learned A.G.A. Perused the record.

By means of the present 482 application the applicant is

challenging the legality and validity of entire criminal proceedings

of Complaint Case No.2456 of 2022 (Kajal vs. Sonu and another)

as well as summoning order dated 16.11.2022 passed by the

Judicial Magistrate, Court No.01, Aligarh u/s 354, 323, 504, 506

I.P.C., Police Station-Janva, District Aligarh, pending in the court

of Judicial Magistrate, Court No.01, Aligarh.

Pursuant to earlier order of this Court dated 10.01.2023, opposite

party no.2- Ms. Kajal and the applicant- Sonu, both are present in

the Court and they have been duly identified by their respective

counsels.

The Court has occasion to have conversation with both the parties

i.e. Ms. Kajal and Sonu. During conversation, Ms. Kajal has

admitted that she got married with Sonu and their marriage was

got registered in the office of Marriage Registration Officer,

Ghaziabad, who has issued a certificate of registration of their

marriage on 17.2.2022, annexed as Annexure-6 to the petition.

From this document, the Court can easily come to the conclusion

that the inter-se relationship between the applicant and opposite

party no.2 as husband and wife is continuing since 17.2.2021. It

seems that subsequently after the marriage, there was deep rooted

discord and misunderstanding between the husband and wife. Ms.

Kajal has unequivocally stated before the Court that she does not

want to carry the burden of this marriage relationship with the

applicant Sonu any more. She also stated that she wants to dissolve

this nuptial knot, and for this purpose she has a better remedy to

invoke the proceeding under the Hindu Marriage Act.

I have perused the complaint lodged by the opposite party no.2

Ms. Kajal, which is full of venom and canards. By filing the said

complaint, she wants to achieve her objective any how. The

allegations fastened against the husband Sonu branding him like a

road-romeo or a ruffian, but there is no whisper in the entire

complaint that both of them are husband and wife. The Court can

easily assess the undercurrent of her complaint which is instituted

with sheer mala fides. The allegations fastened against the

applicant are out of grudge, frustration and ulterior motive.

Initially she has refused to accept the applicant as her husband but

when the marriage certificate (Annexure-6) is shown to her, then

only she came into her true colour that she wants to get rid-of from

this relationship and thus concealing this relationship, this tailored

story was crafted to achieve the target. As mentioned above, she

has a better remedy to get the marriage dissolve.

In a recent judgment the Hon'ble Apex Court in M/s Neeharika

Infrastructure Pvt. Ltd. vs. State of Maharashtra, 2021 SCC

online SC 315 while referring to the cases of R.P. Kapur Vs. State

of Punjab AIR 1960 SC 866 and State of Haryana Vs. Bhajan Lal

1992 SCC(Cr.) 426 have also recognized certain categories by way

of illustration which may justify the quashing of a complaint or

FIR. In the case of M/s Neeharika Infrastructure Pvt. Ltd. (supra)

the Hon'ble Apex Court has observed thus :

"7.3 Then comes the celebrated decision of this Court in the case

of Bhajan Lal (supra). In the said decision, this Court considered

in detail the scope of the High Court powers under Section 482

Cr.P.C. and/or Article 226 of the Constitution of India to quash the

FIR and referred to several judicial precedents and held that the

High Court should not embark upon an inquiry into the merits and

demerits