Tufail @ Tufail Khan vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

Tufail @ Tufail Khan vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim protection: notice issued to opposite party no.2 (steps within seven working days); proceedings stayed till the next date of listing so far as they relate to the applicant; interim protection lapses if steps are not taken in time, leaving the trial court free to proceed.

Issue for consideration

Whether the summoning order dated 2.7.2024 issued by the Additional Chief Judicial Magistrate, Court No. 27, Lucknow, the charge sheet no.01/2023 dated 2.6.2023 and the entire criminal proceedings in the case arising out of Case Crime No. 143/2023 (P.S. Chinhat, Lucknow) ought to be quashed.

Court's answer

Considering the facts, including that the matrimonial dispute between the applicant and opposite party no.2 has been settled and a Demand Draft of Rs.2,50,000/- has been provided to opposite party no.2 in terms of the settlement, the Court finds the applicant entitled to interim protection.

Ratio / Principle

Notice is issued to opposite party no.2, with steps to be taken within seven working days.

Key takeaways

Till the next date of listing, the proceedings in issue shall remain stayed so far as they relate to the applicant.ratio¶11
If steps are not taken within the specified time, the interim protection shall not be available to the applicant and it would be open for the trial court to proceed in the matter.ratio¶12

Detailed headnote1 paragraphs

Application under Section 482 seeking quashing of summoning order dated 2.7.2024 (Additional Chief Judicial Magistrate, Court No. 27, Lucknow) in Case No. 58902 of 2024, State of U.P. vs. Tufail Khan, and charge sheet no.01/2023 dated 2.6.2023, arising out of Case Crime No. 143/2023 under Sections 493-4, 323, 506 IPC, Sections 3/4 D.P. Act and Sections 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Chinhat, Distt. Lucknow. Held: matrimonial dispute between applicant and opposite party no.2 settled and Demand Draft of Rs.2,50,000/- paid to opposite party no.2; notice issued to opposite party no.2 with steps within seven working days; proceedings stayed till next date of listing qua the applicant, conditional upon timely steps failing which interim protection lapses and the trial court may proceed. Interlocutory order; final consideration of quashing deferred.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 1007 of 2025

Applicant :- Tufail @ Tufail Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Abrar Ali Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

The present petition has been filed with the following main relief:-

"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned summoning order dated 2.7.2024 issued by Additional chief Judicial Magistrate court no. 27, Lucknow in case no. 58902 of 2024, State of U.P. VS. Tufail Khan, arising out of case crime no.143/2023, under section 493-4,323,506 I.P.C and 3/4 D.P.Act and 3/4 The Muslim Women(Protecion of Rights on Marriage) Act 2019,P.S. Chinhat, Distt. Lucknow as well as impugned charge sheet no.01/2023, A dated 2.6.2023, alongwith entire criminal proceedings of the aforesaid case pending in the court of Additional chief judicial Magistrate, Third, Lucknow, as contained in Annexure no.1 and 2 to this petition in the interest of justice."

Considering the facts as indicated including that the matrimonial dispute between the applicant and opposite party no.2 has been settled and in terms of the settlement a Demand Draft No.010418 dated 06.02.2025 of Bank of India, Nagram Branch, Lucknow amounting to Rs.2,50,000/- has been provided to opposite party no.2, this Court finds that the applicant is entitled for interim protection.

Accordingly, issue notice to opposite party no.2. Steps be taken within seven working days.

List after service of notice alongwith service report.

Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relates to the applicant.

In case, the steps are not taken within time specified, the interim protection granted by this Court shall not be available to the applicant and it would be open for the trial court to proceed in the matter.

Order Date :- 10.3.2025 Anand/-

Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench