Faisal Hassan vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2025)

Faisal Hassan vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim direction that no coercive measures shall be taken against the applicant till the next date of listing; notice issued to respondent no. 2 with steps within a week; matter listed in the first week of July, 2025. Quashing prayer left undecided.

Issue for consideration

Whether the summoning order dated 27.01.2024 passed by the learned ACJM-IInd, Lucknow and the chargesheet dated 15.12.2023 filed against the applicant under Sections 498-A, 323, 504, 506 IPC, Sections 3 and 4 of the D.P Act and Sections 3/4 of the Muslim Women Act ought to be quashed.

Court's answer

Notice was ordered to be issued to respondent no. 2, with steps to be taken within a week.

Ratio / Principle

The substantive quashing prayer was kept open for consideration: the matter was listed in the first week of July, 2025, with the office directed to submit a service report by the next date of listing.

Key takeaways

Interim protection: till the next date of listing, no coercive measures shall be taken against the applicant.ratio¶¶18

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Kumar, J.), interim order dated 16.05.2025: Application under Section 482 Cr.P.C/528 B.N.S.S by Faisal Hassan (husband) seeking quashing of the summoning order dated 27.01.2024 passed by the learned ACJM-IInd, Lucknow and of the chargesheet dated 15.12.2023 filed against him under Sections 498-A, 323, 504, 506 IPC, Sections 3 and 4 of the D.P Act and Sections 3/4 of the Muslim Women Act. Background: FIR dated 02.07.2023 lodged by respondent no. 2 (wife) against five named accused alleging harassment for dowry demand; applicant had purportedly given triple talaq; police chargesheeted only the applicant and his mother-in-law, dropping other family members. Counsel relied on Geeta Mehrotra (2012) 10 SCC 741 and Kahkashan Kausar 2022 Lawsuit (SC) 149 and urged mediation for possible amicable settlement; the A.G.A. opposed but could not dispute the submissions. The Court held the matter 'requires consideration', ordered notice to respondent no. 2 (steps within a week), listed the case for the first week of July 2025, and directed that till the next date of listing no coercive measures shall be taken against the applicant. No substantive finding on the quashing prayer was made at this stage.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 4114 of 2025

Applicant :- Faisal Hassan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Osama Ahmad Abbasi Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with the following main prayer:-

" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously pleased to:

(i) Pass an order directing thereby to quash the impugned summoning order dated 27.01.2024, passed by the Learned Court of ACJM-IInd, Lucknow against the petitioner.

(ii) Pass an order directing thereby to quash the chargesheet dated 15.12.2023 filed against the petitioner u/s 498-A, 323, 504, 506 of I.P.C, Section 3 and 4 of the D.P Act and Section 3/4 of Muslim Women Act."

The brief facts of the case are that an F.I.R dated 02.07.2023 has been lodged by respondent no. 2 against five named accused persons including the present applicant (i.e the husband of respondent no. 2) alleging therein that she was harassed for dowry demand by the applicant and his family members. The applicant has given talaq to the respondent by following the procedure of triple talaq , which is not permissible in law. The Police, after investigation, has filed the chargesheet only against the applicant and his mother i.e mother-in-law of respondent no. 2 and dropped the name of other family members and no chargesheet has been filed against them.

It is further submitted that there is a possibility of amicable settlement between the parties, so the matter may be sent to the Mediation and Conciliation Centre of this Court.

Reliance has also 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.

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.

The matter requires consideration.

Issue notice to the respondent no. 2.

Steps be taken within a week.

List this case in the first week of July, 2025.

Office is directed to submit service report by the next date of listing.

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

Order Date :- 16.5.2025

DiVYa

Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench