Disposed

Deepak Kapoor and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC20 May 2025A482/3626/2025

Case brief

AI extract

What is this about?

Quashing application under Section 482 Cr.P.C. read with Section 528 BNSS, Allahabad High Court Lucknow Bench (Court No. 14, Manish Kumar J., order dated 29.04.2025); FIR by wife/respondent no. 2 alleging dowry harassment against father-in-law and mother-in-law; charge-sheet under Sections 498-A, 504 IPC read with Sections 3/4 Dowry Prohibition Act, 1961, Case Crime No. 603/2023, P.S. Madiyaon, Lu

What did the court decide?

Interim order at notice stage: two-way notice to respondent no. 2 (dasti service through applicants' counsel; steps within a week; affidavit of service by next date); case connected with APPLICATION U

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

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 3626 of 2025

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Applicant :- Deepak Kapoor And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajat Bansal,Rushida Farheen Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard Ms Rushida Farheen, learned counsel for the applicants and learned AGA for the State.

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Present case has been filed under Section 482 Cr.P.C./528 B.N.S.S. with following main prayer:-

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"For the facts, reasons and circumstances given in the present application supported by an affidavit, it will be in the interest of justice that this hon'ble Court may kindly be pleased to quash the impugned charge sheet filed in case crime no. 603/2023, under section 498-A, 504 I.P.C. read with ¾ Dowry Prohibition Act 1961 Police Station Madiyaon, District- Lucknow as well as entire proceedings of criminal case no. 16697 of 2025 in re: State vs Manish Kapoor & others P.S. Vikas Nagar pending before Learned Judicial Magistrate IIIrd, Lucknow, in the interest of justice, otherwise the applicants shall suffer irreparable loss. "

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The brief facts of the present case are that an FIR dated 04.11.20233 has been lodged by the respondent no. 2 against the applicant nos. 1 and 2, who are father-in-law and mother-inlaw of respondent no. 2 respectively alleging therein that the applicants alongwith other family members were harassing the complainant/respondent no. 2 for dowry demand. The Police after investigation has filed the charge-sheet under Sections 498-A and 504 IPC read with 3/4 of Dowry Prohibition Act, 1961 Police Station Madiyaon, District Lucknow by dropping Sections 323, 506 and 308 IPC.

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It is further submitted that the charge sheet has not been filed against the sister-in-law of the respondent no. 2 and her husband. The charge-sheet has been filed against the husband of the respondent no. 2 and the applicants herein.

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Learned counsel for the applicants has submitted that there are only general and no specific allegations against the applicants.

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It is further submitted that the applicants have falsely been implicated in the present case and have never ever demanded any dowry or harassed the respondent no. 2.

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It is further submitted that the respondent no. 2 has lodged the present FIR with vague and omnibus allegations just to pressurize the applicants for fulfilling her unjust demands.

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Reliance has been placed upon the judgments of Hon'ble Supreme Court in the cases of Geeta Mehrotra Vs. State of Uttar Pradesh reported in (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others reported in 2022 Lawsuit (SC) 149.

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It is further submitted that applicant is anticipating the conciliation between the parties and requested for referring the matter to the Mediation and Conciliation Centre of this Court.

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On the other hand, learned A.G.A. has opposed the case but unable to dispute the submissions made by learned counsel for the applicant and the judgment relied upon.

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Instant matter requires consideration.

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Let notice be issued to the respondent no. 2 both ways.

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Steps be taken within a week.

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Office is directed to provide dasti notices to the learned counsel for the applicants in order to serve the same upon respondent no. 2 outside the Court.

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Learned counsel for the applicant has submitted that the present case may be connected with APPLICATION U/S 482 No. - 3659 of 2025.

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As prayed, connect and list this case in the week commencing 19.05.2025 amongst top ten cases alongwith APPLICATION U/S 482 No. - 3659 of 2025.

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Till the next date of listing, no coercive measures shall be taken against the applicants.

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By the next date of listing, learned counsel for the applicants shall file affidavit of service upon respondent no. 2.

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Order Date :- 29.4.2025 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Deepak Kapoor and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Deepak Kapoor and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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