Ankit Kumar and Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Ankit Kumar and Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The quashing application was disposed of on counsel's election not to press it on merits: applicants to file a discharge application within two weeks through counsel, to be decided by the court below within four weeks thereafter; impugned proceedings stayed till six weeks from the order or till disposal of the discharge-application.

Issue for consideration

Whether the entire proceedings of Complaint Case No. 23249 of 2023 (Smt. Pinki Devi v. Ankit Kumar and others) under Sections 498-A, 323, 504, 506 IPC and Section 34 DP Act, together with the summoning order dated 21.12.2023 and the non-bailable warrant dated 03.05.2024 of the Civil Judge (SD)/FTC, Sitapur, should be quashed. +1 more

Ratio / Principle

If the applicants move an application for discharge within 2 weeks from the date of this order through counsel, the same will be decided by the court below within 4 weeks thereafter.

Key takeaways

As an interim measure, the impugned proceedings (including the summoning order and non-bailable warrant) shall remain stayed till six weeks from the date of the order or till the disposal of the discharge-application, if moved.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Brij Raj Singh, J. — Application U/S 482 No. 5052 of 2024 by Ankit Kumar and others sought quashing of the entire proceedings of Complaint Case No. 23249 of 2023 (Smt. Pinki Devi v. Ankit Kumar and others) under Sections 498-A, 323, 504, 506 IPC and Section 34 DP Act, Police Station Imiliya, District Sitapur, along with the summoning order dated 21.12.2023 and non-bailable warrant dated 03.05.2024 of the Civil Judge (SD)/FTC, Sitapur. The matter had been referred to mediation by order dated 27.05.2024; the mediation report dated 17.12.2024 recorded 'Mediation Completed. No agreement'. After arguing at length, counsel for the applicants did not press the case on merits and undertook to file a discharge application before the court below. The application was accordingly DISPOSED OF with directions: (i) discharge application to be moved within two weeks through counsel; (ii) court below to decide it within four weeks thereafter; and (iii) impugned proceedings to remain stayed till six weeks from the order or till disposal of the discharge-application. No substantive issue on the merits was adjudicated, limiting the judgment's citation value.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 5052 of 2024

Ankit Kumar And Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Mohd. Shahid Akhtar, Pankaj Kumar Tripathi Counsel for Opposite Party(s) : G.A., Chandra Bhushan Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

The applicants have filed this application with the following prayer:

“..... it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of Complaint Case No. 23249 of 2023; Smt. Pinki Devi Vs. Ankit Kumar and others, in Under Section 498-A, 323, 504, 506 I.P.C. & Section 34 D.P. Act., relating to Police Station - Imiliya Sultanpur, District Sitapur as well as summoning order dated 21.12.2023 and nonbailable warrant dated 03.05.2024 passed by Learned Civil Judge(Senior Division)/FTC, Sitapur (contained as Annexure No.1 & 2), in the interest of law and justice.

Any other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case also be passed in favour of the applicants.”

In pursuance of order dated 27.05.2024, matter was referred for mediation. Mediation report dated 17.12.2024 has been received. According to which, ' Mediation Completed. No agreement '.

Learned counsel for the applicants after arguing at length, does not want to press this case on merits, however, he submits that he is ready to move discharge application before the court below.

In case the applicants move application for discharge within 2 weeks from today through counsel , same will be decided by the court below within 4 weeks thereafter.

A482 No. 5052 of 2024

2

Till six weeks from today or till the disposal of discharge-application, if moved, impugned proceedings shall remain stayed . With these observations/directions this application is disposed of .

(Brij Raj Singh,J.)

November 7, 2025

A.Nigam

Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench