HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 73
Case :- APPLICATION U/S 482 No. – 37550 of 2019
Applicant :- Virendra Panchal
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rahul Pandey
Counsel for Opposite Party :- G.A.
Hon’ble Pradeep Kumar Srivastava,J.
Heard Shri Rahul Pandey, learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed under Sectionsection 482 Cr.PC with the request to quash the entire proceedings passed on complaint case no. 4645 of 2018 (Smt. Pooja Sharma Vs. Virendra Panchal), under Sectionsection 406 IPC, P.S. Vijay Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.II, Gaziabad and also quash the summoning order dated 01.06.2019 passed by the same court.
The submission of the learned counsel for the applicant is that the case pertains to matrimonial dispute and has been initiated on the basis of false ground. There is every chance that the matter may be amicably settled between the parties. The further submission is that the marriage of both the parties are solemnized on 07.12.2015 in a simple manner and the opposite party no. 2 discharged her matrimonial obligation for some time. The complaint has been filed with wrong allegations and the applicant is taking all steps for saving the matrimonial life. A complaint is gross misuse of the process of the law and the order is not sustainable in the law. Other proceedings has also been initiated by the complainant in order to harass him.
From the perusal of the papers attached with this application from the side of the applicant, it appears that before the learned court below a complaint case was filed and the complainant attached the list of articles and her belongings were claimed by the complainant but the same was not returned. In support she examined herself under Sectionsection 200 Cr.P.C. and as many as four witnesses were examined who also supported the case of the complainant. Therefore, the learned court below found prima facie case is made out against the applicant for the offence under Sectionsection 406 IPC and summoned him.
The order of the learned court below is based on the evidence on record and it cannot be hardly said to be misuse of the process of the Court. The applicant could have filed a criminal revision against the order and it appears that no such criminal revision has been filed from his side, which is also an alternative and efficacious remedy, therefore, I find no ground for quashing the proceeding or quashing the summoning order.
The application has got no force and is liable to be dismissed.
The application under Sectionsection 482 is dismissed.
It is however, observed that in case within 30 days from today, the applicant puts its appearance before the learned court below and gives bail application, the same shall be disposed of expeditiously preferably on the same day, keeping in view that matrimonial dispute is pending between the parties.
For these 30 days, no coercive measures shall be taken against the applicant. It is made clear that the time shall not be extended any further.
Order Date :- 15.11.2019