Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Court No. - 50
Case :- APPLICATION U/S 482 No. - 42723 of 2017
Om Prakash, J
Applicant :- Anil Kumar & 2 Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- G.S. Chauhan
Counsel for Opposite Party :- G.A.

Advocates:
For the Appellants/Petitioners: G.S. Chauhan
For the Respondents: G.A.

Court emphasized the need to protect against misuse of legal process in domestic disputes.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Application filed to quash complaint for offences under Sections 323, 504, 506, and 379 IPC, alleging it was filed in counterblast to prior criminal proceedings under Section 498-A IPC - The court directed issuance of notice to the opposite party, and stayed further proceedings against the applicants pending consideration. (Paras 1, 2)

(B) Criminal Procedure - Application to quash complaint - The court must consider if any prima facie case exists and whether delay would cause undue hardship to the applicants. (Para 3)

Facts of the case:
The applicants claim that the ongoing complaint is filed to pressure them following prior criminal allegations involving family matters. The validity of the complaints is put to challenge.

Findings of Court:
The court noted reasonable grounds to stay proceedings, pending detailed scrutiny of the facts and evidence presented.

Issues: The key issue was whether the complaints should be quashed based on allegations of misuse of the legal process.

Ratio Decidendi: The court emphasized the necessity of reviewing if ongoing complaints hold substantial merit, particularly under circumstances where motives for filing may appear retaliatory.

Result: Further proceedings in the original complaint are stayed against the applicants until the next court date.

Hon'ble Om Prakash-VIL J.

The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of complaint case no. 172 of 2016 (Santosh Kumar Dubey Vs. Anil Kumar and others), under Section 323, 504, 506, 379 IPC, Police Station Munderwa, District Basti pending in the court of Additional Chief Judicial Magistrate, Basti and to quash the summoning order dated 7.10.2016 passed in the aforesaid case. Further prayer has been made to stay further proceedings of the aforesaid case.

Heard learned counsel for the applicants as well as the learned AGA.

Learned counsel for the applicants submits that sister of the applicants was married with Santosh Kumar Dubey (since deceased). Criminal prosecution for the offence under Secion 498- A IPC had been started by her against the opposite party no. 2 and his family members. Present complaint has been filed in counter blast to create pressure. No such incident took place, as alleged in the complaint.

Matter requires consideration.

Learned AGA has accepted notice on behalf of the opposite party no.1.

Issue notice to opposite party no. 2.

Steps be taken by Registered Post A.D. within ten days.

All the opposite parties may file counter affidavit within three weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List this matter on 6.3.2018 before the appropriate Bench. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed as against the applicants only.

Order Date :- 22.12.2017

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Court No. - 50 Case :- APPLICATION U/S 482 No. - 42723 of 2017Om Prakash, JApplicant :- Anil Kumar & 2 OthersOpposite Party :- State Of U.P. & AnotherCounsel for Applicant :- G.S. ChauhanCounsel for Opposite Party :- G.A.

Court emphasized the need to protect against misuse of legal process in domestic disputes.

Court No. - 50
Case :- APPLICATION U/S 482 No. - 42723 of 2017
Om Prakash, J
Applicant :- Anil Kumar & 2 Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- G.S. Chauhan
Counsel for Opposite Party :- G.A.