Mohd. Asif and Another vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Mohd. Asif and Another vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order only: further proceedings in Case Crime No.0274 of 2023 stayed until further orders; notice issued to respondent nos.2 & 3 by both modes; four weeks for counter affidavit and four weeks thereafter for rejoinder affidavit; matter listed on 07.07.2025. Final decision on quashing reserved.

Issue for consideration

Whether the charge sheet dated 08.03.2024 and the summoning order dated 23.12.2024 should be quashed in this application under Section 482 Cr.P.C. +2 more

Court's answer

Notice ordered to respondent nos.2 & 3 by both modes, i.e. ordinary post and registered post, returnable at an early date.

Ratio / Principle

All respondents granted four weeks' time to file counter affidavit; four weeks thereafter allowed to the applicants to file rejoinder affidavit.

Key takeaways

As an interim measure, further proceedings in Case Crime No.0274 of 2023 (under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Talkatora, District Lucknow) directed to remain stayed until further orders of this Court.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No.19); Saral Srivastava, J.; order dated 15.04.2025 on Application u/s 482 Cr.P.C. No.3174 of 2025 filed by Mohd. Asif and another for quashing Charge Sheet No.01 of 2024 dated 08.03.2024 arising out of Case Crime No.0274 of 2023 (Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, P.S. Talkatora, District Lucknow) and the summoning order dated 23.12.2024 of the Additional Chief Judicial Magistrate-VI, Court No.30, Lucknow in Criminal Case No.128628 of 2024. Counsel for the applicants contended the F.I.R. and charge-sheet allegations were vague and general and constituted a counter-blast, pointing to applicant no.1's complaint under Section 190(2) Cr.P.C. dated 21.07.2023 against opposite party nos.2 & 3 (who were summoned on 06.01.2024 under Sections 323, 452, 504 & 506 I.P.C.), and that the applicants were willing to compromise. The Court issued notice to respondent nos.2 & 3 by ordinary and registered post, granted four weeks for counter affidavits and four weeks thereafter for rejoinder affidavits, and stayed further proceedings in Case Crime No.0274 of 2023 until further orders; the matter was listed on 07.07.2025.

Court No. - 19

Case :- APPLICATION U/S 482 No. - 3174 of 2025

Applicant :- Mohd. Asif And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And 2 Others Counsel for Applicant :- Pradeep Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Saral Srivastava,J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 of Cr.P.C has been filed by the applicants for quashing the Charge Sheet No.01 of 2024 dated 08.03.2024 arising out of Case Crime No.0274 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Talkatora, District Lucknow as well as summoning order dated 23.12.2024 passed by the Additional Chief Judicial Magistrate-VI, Court No.30, Lucknow in Criminal Case No.128628 of 2024.

Challenging the aforesaid order, it is contended by the learned counsel for the applicants that the allegations in the F.I.R. and charge sheet are vague. It is contended that the allegations are general in nature and as a counter-blast, F.I.R. has been lodged inasmuch as the applicant no.1 has filed a complaint against opposite party nos.2 & 3 under Section 190 (2) of Cr.P.C. on 21.07.2023 for registering the F.I.R. under Sections 323, 452, 504 and 506 I.P.C. on which, an order has been passed on 06.01.2024 summoning the opposite party nos.2 & 3, under Sections 323, 452, 504 & 506 I.P.C. It is further contended that the applicants are willing to compromise the matter.

Matter requires consideration.

Issue notice to respondent nos.2 & 3 by both modes i.e. ordinary post as well as registered post, returnable at an early date.

All the respondents are granted four weeks time to file counter affidavit. Four weeks, thereafter, is allowed to the applicants to file rejoinder affidavit.

Until further orders of this Court, further proceeding in Case Crime No.0274 of 2023, under Sections 498A, 323, 504, 506

I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Talkatora, District Lucknow shall remain stayed.

List on 07.07.2025.

Order Date :- 15.4.2025 S.Sharma

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