Disposed

Akhilesh Kumar @ Akhilesh Kumar Mishra and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC23 Feb 2024A482/1647/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings in a dowry cruelty case. The High Court issued notice to the opposite party and stayed the criminal proceedings pending consideration of the application, relying on Supreme Court precedents regarding quashing of FIRs arising from matrimonial disputes.

What did the court decide?

Stay granted on entire proceedings of Case No. 3708 of 2023.

Akhilesh Kumar @ Akhilesh Kumar Mishra and Others vs… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1647 of 2024

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Applicant :- Akhilesh Kumar @ Akhilesh Kumar Mishra And Others

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

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Counsel for Applicant :- Deepti Mishra,Kunwar Sushant Prakash

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Kunwar Sushant Prakash, the learned counsel for the applicants, Sri Rakesh Kumar Singh, the learned AGA for the State and perused the record.

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By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the impugned charge sheet dated 23.03.2023, the impugned cognizance/summoning order dated 23.08.2023 and other subsequent orders as well as the entire proceedings of Case No. 3708 of 2023, State v. Shubham Mishra, arising out of Case crime No. 329 of 2022, Police Station Achalganj, District unnao, pending in the court of Civil Judge (J.D.)/FTC (AW), Unnao.

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The opposite party no. 2 filed FIR No. 329 of 2022 on 01.11.2022 against the applicants, who are her father-in-law, mother-in-law and brother-in-law and her husband Shubham Mishra alias Golu alleging that she got married to Shubham Mishra on 20.04.2022; that all the accused persons used to harass her for demanding additional dowry; that she was beaten up and ill treated on 15.10.2022 wherefore her brothers took her to her parents home, where she was undergoing treatment.

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It has been stated in the application that the opposite party no. 2 has levelled false allegations against the applicants

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because of a matrimonial dispute between her and her husband. The husband of the opposite party no. 2-Shubham Mishra has already filed Suit No. 1216 of 2022 before the Principal Judge, Family Court, Unnao, under Section 12 of the Hindu Marriage Act for declaring the marriage as null and void. The aforesaid suit was filed on 07.10.2022 i.e. prior to lodging of the FIR. The FIR alleges that the opposite party no. 2 left her matrimonial home on 15.10.2022 and the suit under Section 12 was filed even prior to it and it is stated in plaint filed in that suit that the opposite party no. 2 left her matrimonial home on 08.08.2022. 5. The learned counsel for the applicants has placed reliance of the judgment of the Hon'ble Supreme Court in the case of Kahkashan Kausar v. State of Bihar , 2022 SCC OnLine SC 162 and Abhishek v. State of M.P. , 2023INSC779

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The matter requires consideration.

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Issue notice to the opposite party no. 2 returnable at an early date.

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The opposite parties may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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List in the week commencing 01.04.2024.

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Till the next date of listing, entire proceedings of Case No. 3708 of 2023, State v. Shubham Mishra, arising out of Case crime No. 329 of 2022, Police Station Achalganj, District unnao, pending in the court of Civil Judge (J.D.)/FTC (AW), Unnao, shall remain stayed.

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Order Date :- 23.2.2024 Pradeep/-

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

Akhilesh Kumar @ Akhilesh Kumar Mishra and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

What is this about?

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Akhilesh Kumar @ Akhilesh Kumar Mishra and Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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