Geeta Awasthi (Mother in Law/Real Buwa) and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC26 May 2025A482/4216/2025

Case brief

AI extract

What is this about?

Single judge applied Section 482 CrPC and Section 528 BNS. Court stayed proceedings in trial court pending filing of curative affidavit by opposite party; next date fixed for listing.

What did the court decide?

Stay of further proceedings in Additional Civil Judge Court pending curative affidavit filing; notice issued to State and petitioner; listing fixed for July 2025.

Geeta Awasthi (Mother in Law/Real Buwa) and 2 Others vs… — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 4216 of 2025

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Applicant :- Geeta Awasthi (Mother In Law/Real Buwa) And 2 Others

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rakesh Pal Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the following prayers:-

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and further may be pleased to quash the entire proceeding of Case No. 159 of 2023 (State Vs. Geeta and 4 others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Biswan, District Sitapur arisen out from impugned charge sheet dated 27.06.2021 submitted in impugned F.I.R. dated 14.06.2021 lodged in Case Crime No. 0300 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station Biswan, District Sitapur; pending in Court of learned Additional Civil Judge (Senior Division)-II, Sitapur in interest of Justice.

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It is further prayed during the pendency of the above noted case before this Hon'ble Court, the further proceedings of Case No. 159 of 2023 (State Vs. Geeta and 4 others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Biswan, District Sitapur pending in Court of learned Additional Civil Judge (Senior Division)-II, Sitapur, may be stayed; during the pendency of the case before the Hon'ble Court and/or may pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicants shall suffer irreparably."

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Brief facts of the case are that on 14.06.2021, an FIR has been lodged by the respondent no. 2 against six named accused persons including the present applicants alleging therein that she has been harassed for dowry demand and on 24.05.2021, when the complainant was reported to be COVID- negative, her sister in law and her husband i.e. Nand and Nandoi along with mother in law of the complainant tried to kill her by asking her to wash the clothes at 10.00 PM in the night.

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Learned counsel for the applicants has submitted that the FIR has been lodged against the husband, brother in law (Jeth), sister in law (Jethani), sister in law (Nand) and brother in law (Nandoi) i.e. all the family members have

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been roped in by making general allegations.

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Learned counsel for the applicants has further 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 unjust demands.

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It is further submitted that the applicant nos. 1, 2 & 3 are mother-in-law/real Buwa, Jeth/real elder maternal brother and Jethani of the respondent no. 2 respectively.

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It is further submitted that the complainant has not taken care of the fact that her husband has already expired on 04.05.2021 i.e. prior to lodging of the FIR but he was also named in the FIR.

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It is further submitted that the police after the investigation has dropped the names of sister in law (Nand) and her husband (Nandoi) at the time of filing of the charge sheet for the reason at that time, the sister in law and her husband were in Madhya Pradesh suffering from COVID-19. So the allegation that Nand and Nandoi along with the mother in law tried to kill the respondent no. 2 was found to be incorrect during the investigation by the Police by dropping the names of Nand and Nandoi.

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It is further submitted that on 24.05.2021, the complainant after taking her belongings left the house at 01.00 P.M. in the afternoon in the presence of the Police and everything was recorded by the Police so how the incident could happen at 10.00 PM in the night.

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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 Ors. vs. State of Bihar and Ors. reported in (2022) 2 SCC (Cri) 684.

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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 applicants and the judgment relied upon.

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He prays for and is granted three weeks' time for filing counter affidavit.

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Rejoinder affidavit, if any, may be filed within a further

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period of two weeks.

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Let notice be issued to the respondent no. 2.

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Steps be taken within a week.

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List this case in the second week of July, 2025 amongst top ten cases.

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

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Till the next date of listing, further proceedings of case no. 159 of 202, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Biswan, District Sitapur pending in Court of learned Additional Civil Judge (Senior Division)II, Sitapur, shall remain stayed.

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Order Date :- 26.5.2025 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Geeta Awasthi (Mother in Law/Real Buwa) and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Geeta Awasthi (Mother in Law/Real Buwa) and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

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