Dayashankar and 2 Others vs State of U.P. Thru. Addl… — Dowry and Cruelty | Allahabad HC (2025)

Dayashankar and 2 Others vs State of U.P. Thru. Addl… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Matter not finally adjudicated: case listed for 01.04.2025 with interim directions - notice to private respondent; personal appearance of applicant no.1 and private respondent on next date; applicant no.1 to deposit Rs.25,000/- before Senior Registrar within one month; interim protection from coercive steps till next date, lapsing on non-deposit.

Issue for consideration

Whether the entire proceeding of Criminal Case No.428 of 2022 (State Vs. Dayashankar and Ors.), arising out of Case Crime No.187 of 2021, should be quashed. +1 more

Court's answer

Applicant no.1 is directed to deposit Rs.25,000/- before the Senior Registrar of this Court within one month.

Ratio / Principle

The prosecution is a result of some matrimonial dispute and the possibility of settlement cannot be ruled out.

Key takeaways

Notice is to be issued to the private respondent, returnable at an early date.ratio¶10
On the next date, applicant no.1 as well as the private respondent shall appear in person before the Court.ratio¶12
No coercive steps shall be taken against the applicants till the next date of listing.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench) - Rajeev Singh, J. (Order dated 24.2.2025): Application under S.482 by Dayashankar and two others seeking quashing of the entire proceeding of Criminal Case No.428 of 2022, arising out of Case Crime No.187 of 2021 under Sections 498A, 323, 504, 506 IPC and Section 3/4 of DP Act, P.S. Talganv, District Sitapur. Observing that the prosecution is a result of a matrimonial dispute and that possibility of settlement cannot be ruled out, the Court issued notice to the private respondent returnable at an early date, fixed 01.04.2025 for listing, directed applicant no.1 and the private respondent to appear in person on the next date, directed applicant no.1 to deposit Rs.25,000/- before the Senior Registrar within one month, and granted interim protection against coercive steps till the next date of listing, which will lapse if the deposit is not made. No final view was expressed on the quashing prayer.

Court No. - 13

Case :- APPLICATION U/S 482 No. - 1543 of 2025

Applicant :- Dayashankar And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Prateek Shrivastava,Fakhruddin Ali Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

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

Present application has been filed by the applicant with the prayer to quash the entire proceeding of Criminal Case No.428 of 2022; State Vs. Dayashankar and Ors. arising out of Case Crime No.187 of 2021 under Sections 498A, 323, 504, 506 IPC and Section 3/4 of DP Act, PS- Talganv, District- Sitapur pending before J.M.-I, District- Sitapur.

Learned counsel for the applicant submitted that the marriage of applicant no.1 was solemnized with the private respondent on 14.04.2019 but due to some matrimonial dispute, on the basis of concocted facts, FIR of case in question was lodged dragging applicant nos.2 and 3 (parents-in-law of private respondent). He further submitted that there might be possibility of settlement of dispute if the matter be referred to Mediation and Conciliation Centre of this Court.

Learned A.G.A. does not dispute this fact that the genesis of the prosecution is matrimonial dispute and he has no objection on the matter being referred to the Mediation and Conciliation Centre of this Court.

Considering the submissions of learned counsel for the parties, going through the contents of application as well as other relevant documents, as it is evident that the prosecution is a result of some matrimonial dispute, therefore, possibility of settlement cannot be ruled out.

Issue notice to private respondent returnable at an early date.

List this case on 01.04.2025.

On the next date, applicant no.1 as well as private respondent shall appear in person before this Court.

Applicant no.1 is directed to deposit Rs.25,000/- (Twenty five thousand rupees) before the Senior Registrar of this Court within a period of one month from today.

No coercive steps be taken against the applicants till the next date of listing.

In case, the aforesaid amount is not deposited within the stipulated period, the interim protection will not be available to the applicants.

Order Date :- 24.2.2025 V. Sinha

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