Dileep Kumar Mishra and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC11 Jun 2025A482/4836/2025

Case brief

AI extract

What is this about?

Application to quash a summoning order and charge-sheet under Sections 498-A and 323 IPC arising from a matrimonial dispute. The court found only general allegations against the applicants, issued notice to opposite party no.2 and stayed the proceedings for the applicants until the next date.

What did the court decide?

Proceedings stayed in respect of applicants till next date; matter listed September 2025.

Dileep Kumar Mishra and 4 Others vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

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Court No. - 11

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Case :- APPLICATION U/S 482 No. - 4836 of 2025 Applicant :- Dileep Kumar Mishra And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicants, learned AGA for the State and perused the record.

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The present application has been filed with the prayer to quash the summoning order dated 27.11.2024 passed by Civil Judge (S.D.)/ FTC, Sitapur as well as Charge Sheet dated 09.12.2023, under section 498 - A, 323 IPC and Section 3/4 D.P. Act in Case Crime No.463 of 2023 P.S. Piswan, DistrictSitapur.

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Learned counsel for the applicants submitted that the marriage of son of applicant no.1 was solemnized with daughter of opposite party no.2. Thereafter, due to some trivial issues in between them, FIR of case in question was lodged with the incorrect and exaggerated facts dragging all the family members. He further submitted that only general allegations have been levelled against them and charge-sheet has been filed against the applicants by the Investigating Officer by recording stereotype statements of the complainant and other witnesses. He further relied on the decision of Hon'ble Apex Court in the case of Dara Lakshmi Narayana and Ors. Vs. State of Telangana Vs. Anr. reported in (2025) 3 SCC 735 and submitted that the only general allegations have been levelled against the applicants without mentioning any specific details including date, time, place and manner of the alleged offence, Therefore, kind indulgence of this Court is necessary.

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Learned AGA has vehemently opposed the prayer of applicants and submitted that after detailed investigation, charge sheet has been submitted but he does not dispute this fact that only general allegations have been levelled against the applicants.

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Considering the submissions of learned counsel for the parties, going through the contents of application, judgment relied upon by the learned counsel for the applicants as well as other relevant documents, it is evident that the prosecution case is a result of some matrimonial dispute and only general

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allegations have been levelled against the applicants, therefore, matter requires consideration.

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Issue notice to the opposite party no.2 returnable at an early date.

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List this case in the month of September, 2025.

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Till the next date, impugned proceeding shall remain stayed only in respect of the applicants.

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Order Date :- 11.6.2025 V. Sinha

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Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Dileep Kumar Mishra and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Dileep Kumar Mishra and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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