Surendra Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC12 Dec 2024A482/11231/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC filed to quash criminal proceedings alleging matrimonial fraud. The court noted the respondent had a prior pending Section 125 Cr.P.C. case. The proceedings were stayed, and notice issued to the respondent, listing the matter in February 2025.

What did the court decide?

Impugned proceedings stayed; notice issued to respondent no.2; case listed for February 2025.

Surendra Kumar and Others vs State… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11231 of 2024

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Applicant :- Surendra Kumar And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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Counsel for Applicant :- Rampyare Singh,Shiv Shankar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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1. Heard.

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The instant application has been filed by the applicants with prayer to quash the entire criminal proceedings of the case i.e. State vs. Surendra Kumar and others arising out of Case Crime No. 42 of 2024 under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station- Mahila Thana, District- Lakhimpur Kheri as well as impugned charge-sheet no. 56 of 2024 and summoning order dated 23.09.2024 passed by learned Additional Civil Judge (J.D.), Court No.2, District- Lakhimpur Kheri.

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Learned counsel for the applicants submits that marriage of respondent no.2, namely, Reeta Devi d/o Ram Dhar r/o VillageKhargapur, Post- Maccherehta, District- Sitapur was already solemnised with one Sunil Kumar s/o Indra Pal r/o VillageKolhuwa, Police Station- Misrikh, District- Sitapur on 29.04.2013. He further submits that due to some matrimonial dispute, an application under Section 125 Cr.P.C. was filed by respondent no.2, which was registered as Misc. Case No. 97 of 2015 (Smt. Reeta Devi vs. Sunil Kumar) and the same case is still pending. At the same time, on a social platform i.e. facebook, the applicant and respondent no.2 came in contact. During conversation with the applicant, she informed him that she is an unmarried lady. Thereafter, she solemnised marriage with the applicant also on 21.02.2023 in Arya Samaj Mandir only with the intention to realize money from him.

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It is further submitted that the F.I.R. in question was lodged by respondent no.2 against the applicants and others for the offense under Sections 498-A, 323, 506 I.P.C. and 3/4 D.P. Act at Police Station- Mahila Thana, District- Lakhimpur Kheri. During the course of investigation, the applicant informed the Investigating Officer that respondent no.2 was already married with someone else. But, this evidence was not considered by the Investigating Officer in accordance with provisions of Para 107 of U.P. Police Regulation , and then cognizance was also taken by

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learned trial Court, hence, indulgence of this Court is required.

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Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the charge sheet has already been submitted by the Investigating Officer. He also submits that at this stage, he does not want to dispute on the document annexed with the application, which is relied to Section 125 Cr.P.C.

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Considering the submissions of learned counsel for the parties an going through the contents of the application as well as other relevant documents, it is evident from the enclosures annexed with this application that respondent no.2 had already solemnised marriage with one Sunil Kumar on 29.04.2013 and due to matrimonial dispute arose between them, an application under Section 125 Cr.P.C. was filed by her, which is pending before learned Principal Judge, Family Court, Sitapur. During the pendency of this case, respondent no.2 came in contact with the applicant and then solemnized marriage with the applicant also, thereafter, the F.I.R. in question was lodged. In such circumstance, the matter requires consideration.

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Issue notice to respondent no.2.

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List this case in the second week of February, 2025.

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Until further order, the impugned proceedings shall remain stayed.

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Order Date :- 12.12.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Surendra Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Surendra Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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