Ashfaq Ahmad vs State Of U.P. And Another

1. Heard learned counsel for the applicant and perused the material available on record.

2. The instant application under Section 482 of the Code of Criminal Procedure, 1973 has been filed with the prayer to quash the impugned summoning order dated 7.11.2024, passed by learned Judicial Magistrate (Junior Division), Fast Track Court No.2, Farrukhabad as well as entire proceedings of Complaint Case No.16125 of 2024 (Tabassum Vs. Ashfaq Ahmad and others), under Section 498-A of Indian Penal Code, 1860, and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Kotwali Fatehgarh, District Farrukhabad.

3. Perusal of order sheet reveals that, the matter was referred to mediation centre of this Court vide order dated 18.12.2024. However, as per the report of Mediation and Conciliation Centre of this Court dated 13.6.2025, the mediation proceedings could not succeed and consequently, there is no agreement between the parties.

4. Learned counsel for the applicant submits that, the day i.e. 7.11.2024, when the summoning order was passed by learned Magistrate, the new code i.e. the Bharatiya Nagarik Suraksha Sanhita, 2023 has come into operation, wherein it has been provided under Section 223(1) that, "Provided that no cognizance of an offence under this section shall be taken by the Magistrate without giving the accused an opportunity of being heard" which means, before passing any summoning order, the prospective accused has to be given an opportunity of hearing. However, the said procedure was not followed by learned Magistrate before passing the impugned summoning order dated 7.11.2024.

5. Under such circumstance, without going into the merits of the case, the instant application is to the extent that, the impugned summoning order dated 7.11.2024 passed by learned Judicial Magistrate (Junior Division), Fast Track Court No.2, Farrukhabad is hereby quashed and set aside and the learned Magistrate is directed to pass an order afresh after affording an opportunity of hearing to the prospective accused. In case, the service of notice on the accused- applicant is complete and the accused- applicant does not appear before the Court for any reason, whatsoever, the Court shall pass appropriate orders.

6. It is made clear that, nothing has been expressed on the merits of the case.

7. The instant application under Section 482 of the Code of Criminal Procedure, 1973, stands disposed of in view of above.

(Harvir Singh,J.)

May 7, 2026

Gurpreet Singh