Shantanu Singh @ Shanu and Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

Shantanu Singh @ Shanu and Others Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicants to file a discharge application under the provisions of Cr.P.C. within four weeks; direction to the trial court to dispose of such application within four weeks of filing; liberty to appear through counsel; and interim protection that no coercive steps be taken against the applicants till expiry of eight weeks or till disposal of the discharge application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 12397 of 2022 (Anita Singh Vs. Shantanu Singh and others) under Sections 498-A, 323, 504 and 506 IPC and Section ¾ Dowry Prohibition Act, and the summoning order dated 26.07.2023 passed by the Chief Judicial Magistrate, Balrampur, are liable to be quashed.

Court's answer

The applicants were granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C. within a period of four weeks.

Ratio / Principle

In case the discharge application is filed within four weeks, the trial court is directed to dispose of the same within a period of four weeks thereafter.

Key takeaways

The applicants were granted liberty to appear through their counsel.ratio¶4
No coercive steps were to be taken against the applicants till expiry of eight weeks or till disposal of the discharge application.ratio¶4
With the aforesaid observations/directions, the application stands disposed of; the merits of quashing were not decided, the applicants having elected not to press the application on merits.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.) disposed of an application under Section 482 Cr.P.C. seeking quashing of Complaint Case No. 12397 of 2022 (Anita Singh Vs. Shantanu Singh and others) under Sections 498-A, 323, 504 and 506 IPC and Section ¾ Dowry Prohibition Act, P.S. Kotwali Nagar, District Balrampur, and the summoning order dated 26.07.2023 passed by the Chief Judicial Magistrate, Balrampur. Counsel for the applicants did not press the application on merits and sought liberty to move a discharge application under Cr.P.C., to which the State and opposite party no.2 had no objection. The Court granted four weeks to file the discharge application, directed the trial court to decide it within four weeks thereafter, permitted the applicants to appear through counsel, and directed that no coercive steps be taken until expiry of eight weeks or disposal of the discharge application. Merits of the quashing prayer were left undecided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 2271 of 2024

Shantanu Singh @ Shanu And Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Ashish Kumar Singh, Manish Vaish Counsel for Opposite Party(s) : G.A., Anand Kumar Srivastava

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

1. Heard learned counsel for the parties.

By means of this application, the applicants have prayed for quashing the entire proceedings of Complaint Case No.12397 of 2022, Anita Singh Vs. Shantanu Singh and others, under Sections 498-A, 323, 504 and 506 IPC and Section ¾ Dowry Prohibition Act, Police Station Kotwali Nagar, District Balrampur and the summoning order dated 26.07.2023 passed by the Chief Judicial Magistrate, Balrampur.

After arguing at some length, learned counsel for the applicants submits that he does not want to press this application on merits, but he submits that applicants would like to file an application for discharge under the provisions of Cr.P.C., to which learned counsel for the State and opposite party no.2, do not have any objection.

Accordingly, the applicants are granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of four weeks from today. In case the said application is filed within four weeks from today, the trial court is directed to dispose of the same within a period of four weeks thereafter. The applicants are also granted liberty to appear through their counsel. Till expiry of eight weeks or till disposal of the discharge application, no coercive steps shall be taken against the applicants

A482 No. 2271 of 2024

2

With the aforesaid observations/directions, this application stands disposed of .

(Brij Raj Singh,J.)

November 12, 2025

Rao/-

Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench