Preeti and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC28 Apr 2025A482/2433/2025

Case brief

AI extract

What is this about?

Application under Section 482 CrPC seeking quashing of rejection of discharge application and summoning order in a complaint under Sections 323, 504, 506, 427, 392 IPC, alleged to be retaliatory to the applicants' FIR under Section 498A IPC. Court issued notice for counter affidavit and stayed coercive action till next date.

What did the court decide?

Interim protection: no coercive action against petitioners till next date of listing (22.5.2025); counter affidavit called within two weeks.

Preeti and 3 Others vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 2433 of 2025 Applicant :- Preeti And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Paltoo Ram Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Alok Mathur,J.

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Heard Sri Paltoo Ram Gupta, learned counsel for the applicants as well as learned A.G.A. on behalf of the State.

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Present 482 Cr.P.C. petition has been filed for quashing the impugned order dated 28.10.2024 passed by Chief Judaical Magistrate, Unnao by which the discharge application moved by the petitioners in Case No.2176 of 2024 and summoning order dated 8.8.2019 passed by Judicial Magistrate, Unnao in Case No.642 of 2019 under Sections 323, 504, 506, 427, 392 IPC, police station Ajgain, District Unnao has been rejected.

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Pressing the interim relief application, it has been submitted that, in fact, the petitioners had lodged first information report against opposite party No.2 under Sections 498A, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act. It is only as a retaliatory measure that opposite party No.2 has filed complaint in the present case before Additional Chief Judicial Magistrate, levelling false allegations against the petitioners. He has further submitted that statement under Section 202 Cr.P.c. have been recorded by the persons who are close relatives of opposite party No.2. It is further submitted that the petitioners have also filed case under Section 12 of Domestic Violence Act and 125 Cr.P.C. In light of the above, a case for interference is made out.

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Let counter affidavit be filed by the respondents within two weeks.

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List on 22.5.2025.

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Till the next date of listing, no coercive action shall be taken against the petitioners in pursuance of the order 28.10.2024 passed by Chief Judaical Magistrate, Unnao and the summoning order dated 8.8.2019 passed in case No.642 of 2019.

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(Alok Mathur, J.)

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Order Date :- 28.4.2025 RKM.

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

Preeti and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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Preeti and 3 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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