Raju and 4 Others vs State of U.P. Thru. Secy. Home Lko… — Dowry and Cruelty | Allahabad HC (2025)

Raju and 4 Others vs State of U.P. Thru. Secy. Home Lko… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed qua applicant No. 1 (Raju); qua applicant Nos. 2 to 5, the matter was kept for consideration with fresh notice to opposite party No. 2 (steps within seven working days) and an interim stay of the proceedings in issue till listing in the Ist week of March, 2025, with interim protection conditional on timely steps; trial court free to proceed against applicant No. 1.

Issue for consideration

Whether the entire proceedings of Case No. 8433/2024 (State Versus Raju & others), Crime No. 157/2024, under Sections 498-A, 323 IPC (now Sections 85, 115(2) BNS) and Sections 3/4 Dowry Prohibition Act, including Charge Sheet No.1/2024 dated 08.05.2024 and the summoning/cognizance order dated 09.08.2024, should be quashed. +1 more

Court's answer

This Court was not inclined to grant any relief to applicant No. 1/Raju, and the present application is dismissed in relation to applicant No. 1.

Ratio / Principle

Prima facie, the case of applicant Nos. 2 to 5 is covered by the judgments/pronouncements of the Hon'ble Apex Court cited (Geeta Mehrotra; Kahkashan Kausar; Achin Gupta; Payal Sharma; Safiya Bano; Mamidi Anil Kumar Reddy).

Key takeaways

The matter requires consideration so far as applicant Nos. 2 to 5 are concerned; accordingly, fresh notice was ordered to opposite party No. 2, with steps to be taken within seven working days.ratio¶17
Till the next date of listing (Ist week of March, 2025), the proceedings in issue shall remain stayed so far as applicant Nos. 2 to 5 are concerned, while the trial court/authority concerned shall proceed against applicant No. 1 as per the manner prescribed under the law.ratio¶19
If the steps for notice are not taken within the time specified, the benefit of interim protection would not be available to applicant Nos. 2 to 5.

Detailed headnote1 paragraphs

APPLICATION U/S 482 No. 11341 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.), order dated 07.02.2025: Quashing application against FIR Case Crime No. 157/2024 (Sections 498-A, 323 IPC, now Sections 85, 115(2) BNS; Sections 3/4 Dowry Prohibition Act), P.S. Kotwali Rudauli, District Ayodhya, Charge Sheet No.1/2024 dated 08.05.2024 and cognizance/summoning order dated 09.08.2024 of the CJM, Ayodhya, arising from a matrimonial dispute (marriage solemnized 02.05.2022; FIR by opposite party No. 4, Smt. Sheela). Dismissed qua applicant No. 1/husband Raju; qua applicant Nos. 2 to 5, held prima facie covered by Geeta Mehrotra (2012) 10 SCC 741, Kahkashan Kausar (2022) 6 SCC 599, Achin Gupta (2024 SCC OnLine SC 759), Payal Sharma (2024 SCC OnLine SC 3473), Safiya Bano (2024 SCC OnLine SC 222) and Mamidi Anil Kumar Reddy (2024 SCC OnLine SC 127); fresh notice to opposite party No. 2 with steps within seven working days; listed for the Ist week of March, 2025 with the proceedings stayed qua applicant Nos. 2 to 5 meanwhile; interim protection forfeited if steps are untimely; trial court to proceed against applicant No. 1 as per law.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 11341 of 2024

Applicant :- Raju And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- S.K. Mishra Nagraha,Sourabh Mishra,Sunil Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record.

The present application has been filed by the applicants for the following main relief(s):-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased:-

I. To quash the entire proceedings of Case No. 8433/2024 (State Versus Raju & others) Crime No. 157/2024, Under Section-498-A/323, IPC now Section- 85, 115 (2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station: Kotwali Rudauli, District-Aayodhya, pending in the Court of Chief Judicial Magistrate, Aayodhya.

II. To quash Charge Sheet No.1/2024, dated 08.05.2024, Crime No. 157/2024, Under Section-498-A, 323, IPC now Section 85, 115 (2) B.N.S. and Dowry Prohibition Act, Police Station:Kotwali Rudauli, District-Aayodhya, pending in the Court of Chief Judicial Magistrate Aayodhya, contained in Annexure No. 1 to the application.

III. To quash the summoning/ cognizance order dated 09.08.2024 passed in Case No. 8433/2024 (State Versus Raju & others) Crime No. 157/2024, Under Section-498-A, 323, IPC now Section- 85, 115(2) B.N.S. and 4 Dowry Prohibition Act, Police Station: Kotwali Rudauli, District-Aayodhya passed by the learned Chief Judicial Magistrate Aayodhya), contained in Annexure No. 2 to the application.

IV. Any other order or direction which this Hon'ble Court may deem fit, just and proper in the circumstances of the case may also be passed in favour of the applicants.

V. This Hon'ble Court may kindly be pleased to allow the

application with costs."

As per the case of prosecution, the marriage between opposite party No. 4/Smt. Sheela and applicant No. 1/Raju was solemnized on 02.05.2022 and thereafter, on account of matrimonial dispute/discord, the FIR in issue has been lodged by the opposite party No. 4 against the applicants.

Considering the aforesaid, this Court is not inclined to grant any relief to applicant No. 1/Raju. Accordingly, in relation to applicant No. 1, the present application is hereby dismissed .

So far as the applicant Nos. 2 to 5 are concerned, prima facie, this Court finds that their case is covered by the judgment(s)/pronouncement(s) of the Hon'ble Apex Court rendered in the case of Geeta Mehrotra and others vs. State of U.P. and others, reported in (2012) 10 SCC 741 , Kahkashan Kausar v. State of Bihar, reported in (2022) 6 SCC 599, Achin Gupta vs. State of Haryana and another, reported in 2024 SCC OnLine SC 759 , Payal Sharma Vs. State of Punjab and another, 2024 SCC OnLine SC 3473, Safiya Bano Alias Shakira and others Vs. State of U.P. and others, 2024 SCC OnLine SC 222 and Mamidi Anil Kumar Reddy Vs. State of Andhra Pradesh and another, 2024 SCC OnLine SC 127 , as such, this Court is of the view that the matter requires consideration so far as the applicant Nos. 2 to 5 are concerned.

Accordingly, issue fresh notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

List/put up this application in the Ist week of March, 2025 along with service report.

Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the applicant Nos. 2 to 5 are concerned. The trial court/authority concerned shall proceed against the applicant No. 1 as per the manner prescribed under the law.

In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicant Nos. 2 to 5.

Order Date :- 7.2.2025 Praveen

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