SL.

No

Date

Office Notes,

reports, orders

or proceedings or

directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

C482 No.1610 of 2023

Hon’ble Sharad Kumar Sharma, J.

Mr. Shubhr Rastogi, learned counsel for the

applicant.

Mr. V.S. Rawat, learned Brief Holder for the

State.

In this C482 Application, the prayer is being

made for quashing of Criminal Complaint Case

No.2409 of 2022, “Kiran Dev Mishra Vs. Dinesh

Mishra & Others” whereby the complainant, who

is of 80 years of age, has levelled allegations

against the son and the daughter-in-law for being

involved

in

commission

of

offences

under

Sections 452, 323, 504, 506 and 34 of the IPC,

on which, they have been summoned by the

Court of learned Judicial Magistrate, Haridwar,

District Haridwar, by an order dated 15.05.2023.

After having gone through the contents of

the complaint and the summoning order, in fact,

the entire allegation, levelled by the complainant

in the FIR, is absolutely an unethical act on the

part of the applicants of assaulting father-in-law

along with her husband, who is the son.

In

that

eventuality,

since

the

entire

complaint is based upon a set of allegations

levelled pertaining to the assault made while the

complainant was grinding flour in his flour mill,

the content of the complaint itself is sufficient

enough to deny the challenge given by the

complainant to the proceedings by the present

applicant in the C482 Application.

It has been argued by the learned counsel

for the applicant that there are other civil

disputes, which are going on by way of Suit

No.108 of 2019 and Suit No.278 of 2020.

May be, because of the pendency of the civil

dispute, it will not give the present complaint a

civil colour, because there being a specific

allegation of assault made to the father-in-law,

apart from the fact, that there had been a

medical examination of the victim where the

medical report has been submitted.

Looking to the nature of offence and the

manner in which it has been committed, as

against the aged person, this Court is not

inclined to inference in this C482 Application and

the same would, accordingly, stand dismissed.

(Sharad Kumar Sharma, J.)

24.08.2023

Sukhbant