Mrs Rajeshweri Singh vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Mrs Rajeshweri Singh vs State of U.P. Thru. Its Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the effect and operation of the cognizance/summoning order dated 13.02.2025 confined to the applicant; notice to opposite party no. 2 returnable within two weeks; liberty to opposite parties to file counter affidavit; case listed for the third week of January, 2026; case expressly not to be treated tied up or part heard to this Bench.

Issue for consideration

Whether the proceedings of Case Crime No. 0087 of 2023, the chargesheet dated 26.02.2024 and the summoning order dated 13.02.2025 against the applicant (stated to be the informant's mother-in-law, implicated on mere general allegations with all chargesheet witnesses being family members of the victim) should be quashed, to be considered in light of Geeta Mehrotra v. State of Uttar Pradesh

Ratio / Principle

As an interim measure, the effect and operation of the cognizance/summoning order dated 13.02.2025 shall remain stayed so far as it relates to the applicant only; notice issued to opposite party no. 2 returnable within two weeks, opposite parties permitted to file counter affidavit, and the matter (requiring consideration in light of Geeta Mehrotra) listed for the third week of January, 2026. The substantive quashing issue is left undecided.

Detailed headnote1 paragraphs

Application u/s 482 Cr.P.C. No. 10579 of 2025, High Court of Judicature at Allahabad, Lucknow Bench, Court No. 29 (Hon'ble Divesh Chandra Samant, J.), dated 15 December 2025. Mrs Rajeshweri Singh, stated to be the informant's mother-in-law, prays for quashing of the proceedings of Case Crime No. 0087 of 2023 under Sections 498-A, 323, 504, 506 I.P.C. read with Section 3/4 of D.P. Act, the chargesheet dated 26.02.2024 and the summoning order dated 13.02.2025 passed by the Civil Judge, Junior Division, Fast Track Court, Crime Against Women, Lucknow, contending false implication on mere general allegations while the family was engaged in treating her husband's terminal liver illness (cirrhosis/hepatitis progressing to cancer); the learned A.G.A. opposed, pointing to the chargesheet with cogent evidence, cognizance taken and summons issued. Observing that the F.I.R. rests on general allegations and that all witnesses named in the chargesheet are family members of the victim, the Court held the matter to require consideration in light of Geeta Mehrotra and Another v. State of Uttar Pradesh, 2012 (10) SCC 741; notice was issued to opposite party no. 2 returnable within two weeks, counter affidavits were permitted, and the case was listed for the third week of January, 2026, until when the effect and operation of the cognizance/summoning order dated 13.02.2025 stands stayed so far as it relates to the applicant only. No final decision on the quashing prayer; the case is expressly not treated tied up or part heard to the Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 10579 of 2025

Mrs Rajeshweri Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Shweta Shukla, Kanchan Singh Counsel for Opposite Party(s) : G.A.

Court No. - 29

HON'BLE DIVESH CHANDRA SAMANT, J.

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

Present application under Section 482 Cr.P.C. has been filed with prayer to quash the proceeding of Case Crime No. 0087 of 2023 under Sections 498-A, 323, 504, 506, I.P.C. read with Section 3/4 of D.P. Act, along with chargesheet dated 26.02.2024 and summoning order dated 13.02.2025 passed by Civil Judge, Junior Division, Fast Track Court, Crime Against Women, Lucknow.

It has been submitted by learned counsel for the applicant that applicant is the mother-in-law of the informant and has been falsely implicated in the present case on account of general allegations. The informant was never subjected to any cruelty by way of demand of dowry, in fact, she compelled her husband to live separately from his parents. It is further submitted that the husband of the applicant was suffering from chronic liver cirrhosis and hepatitis, which converted into liver cancer and ultimately he is no more. It is further submitted that on the dates alleged in the F.IR., the family of the applicant was involved in the treatment of the husband of the applicant. There may be some dispute between the husband and wife, but the proceedings against the applicant cannot be allowed on mere general allegations of the witnesses of family members.

A482 No. 10579 of 2025

2

Learned A.G.A. has opposed the submission of learned counsel for the applicant and submitted that chargesheet has been submitted, in which cogent evidences are also found against the applicant, whereupon, cognizance has been taken and the accused including the applicant have been summoned.

Considering the fact that there are general allegations in the F.I.R. and all the witnesses mentioned in the chargesheet are family members of the victim, matter requires consideration in light of judgment of Hon'ble Apex Court in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh:2012 (10) SCC 741 .

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party No. 2 returnable within two weeks.

List this case in the third week of January, 2026.

Till then, the effect and operation of cognizance/summoning order dated 13.02.2025 shall remain stayed so far as it relates to applicant only.

In the meanwhile, opposite parties may file counter affidavit.

This case shall not be treated tied up or part heard to this Bench.

(Divesh Chandra Samant,J.)

December 15, 2025 ADY

Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad, Lucknow Bench