Suryansh Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Allahabad HC26 May 2025A482/4281/2025

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash a dowry-harassment charge sheet and summoning order against the husband. The High Court issued notice to respondent no. 2, directed steps within a week, listed the matter for July 2025, and stayed coercive measures till then.

What did the court decide?

Notice issued to respondent no. 2; interim direction that no coercive measures be taken against the applicant till next date of listing.

Suryansh Singh vs State of U.P. Thru. Addl. Chief Secy… — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 4281 of 2025

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Applicant :- Suryansh Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Another Counsel for Applicant :- Prashant Kumar Singh,Apoorv Dev

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Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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

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

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the Charge Sheet dated 15.12.2024 submitted U/s 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, 1961 against Petitioner in the First Information Report lodged at Case Crime No. 0136/2024 for the offence U/s 498-A, 323, 504, 506, 354 IPC and Section 3/4 of Dowry Prohibition Act, 1961 lodged at P.S. Banthara, District- Lucknow as well as the Summoning order dated 19.02.2025 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow including entire proceeding of Criminal Case No. 19406of 2025 pending in the Court of Special Chief Judicial Magistrate (Custom), Lucknow, whereby the cognizance has been taken and the petitioner has been summoned on the aforesaid Charge Sheet, so far as it relates to the Petitioner, as contained in Annexure No. 1 and 2 to this Petition."

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The brief facts of the present case are that the respondent no. 2 has lodged an FIR dated 7.06.2024 against five named accused persons including the applicant, who is the husband of the respondent no. 2, alleging therein that she has been harassed for dowry demand by all the family members of her husband. The Police after the investigation has filed the charge-sheet against the applicant, who is the husband, mother-in-law and father-in-law of respondent no. 2 in all the sections mentioned in the FIR except Section 354 IPC and against the brother-in-law (Dewar) the charge sheet has been filed only under Section 354 IPC. The name of the sister-in-law (Nand) has been dropped during investigation. The court concerned has taken cognizance and issued summons against the applicant without application of mind and feeling aggrieved by the same, the present application has been filed.

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Learned counsel for the applicant has submitted that only general allegation of dowry demand has been levelled against the applicant and no specific role has been assigned to him. The applicant is the husband of respondent no. 2, who has lodged the present F.I.R on 7.6.2024 against all the family members of her husband with vague and omnibus allegations just to pressurize the applicant for fulfilling her unjust demands.

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It is further submitted that there is possibility of amicable settlement between the applicant and the complainant/respondent no. 2, so the matter may be referred to 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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The matter requires consideration.

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Issue notice to the respondent no. 2.

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Steps be taken within a week.

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List this case in the Ist week of July, 2025 in 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, no coercive measures shall be taken against the applicant in the aforesaid case.

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Order Date :- 26.5.2025

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AKK

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

Suryansh Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

Case brief

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Suryansh Singh v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Another

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