Nanhe Alias Nanhe Khan and Another v. State of U.P. and Another

Court No. - 75 Case :- APPLICATION U/S 482 No. - 2237 of 2025 Applicant :- Nanhe Alias Nanhe Khan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Mishra,Santosh Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Santosh Kr. Mishra, learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

1. The instant application has been filed to quash the proceeding of Case No. 1924 of 2020, under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Fatehganj West, District Bareilly as well as charge sheet No. 12A of 2018 and cognizance order dated 30.6.2020.

1. Contention of learned counsel for the applicants is that from the bare perusal of the dying declaration of the deceased Simran, it is clear that allegation is only against her husband and sister-in-law and no allegation at all has been made against the present applicants. Even the charge sheet has been filed against the applicants under Sections 498A IPC, 304B IPC and 3/4 D.P. Act and the court below has already convicted the husband as well as sister-in-law of the deceased on the basis of dying declaration of the deceased Simran. In such circumstances, the impugned proceeding is abuse of process of Court which deserves to be quashed.

1. Learned A.G.A. opposed the prayer but could not dispute aforesaid factual position.

1. Considering the submissions of learned counsel for the parties and on perusal of the record, it appears that the deceased Simran in her dying declaration has made specific allegation against her husband as well as sister-in-law and there is no allegation against the present applicants.