Sabnam @ Archana and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Sabnam @ Archana and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: (i) learned A.G.A. directed to inform opposite party no. 2 of the pendency of the instant case and file an affidavit annexing proof of the information provided on or before the next date fixed; (ii) further proceedings in issue qua applicant no. 2 stayed till the next date of listing; (iii) case listed for 10th February, 2025. Final disposition of the quashing application not stated.

Issue for consideration

Whether the charge sheet No. 115 of 2021 dated 12-09-2021, the criminal case arising out of Case Crime No. 115 of 2021, the summoning order dated 15-12-2022 and the B.W. dated 09-02-2024 (Sections 363, 366 IPC, P.S. Gunghter, District Barabanki) pending against applicant no. 2 ought to be quashed/set aside. +1 more

Ratio / Principle

Considering that opposite party no. 2 is annoyed with the relationship of applicant nos. 2 and 1; that applicant no. 1 on her own volition left her parental house (that of opposite party no. 2/informant) and solemnized marriage with applicant no. 2 on 20.07.2021; and that the couple now live under one roof with a minor child born on 17.12.2022, the court finds the applicants entitled to interim protection.

Key takeaways

Operative interim measure implementing that finding: further proceedings in issue qua applicant no. 2 shall remain stayed till the next date of listing; case listed for 10th February, 2025. (Final adjudication of the quashing prayer was not reached in this interim order.)ratio¶9

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), Court No. 12 — APPLICATION U/S 482 No. 554 of 2025 (Saurabh Lavania, J.; order dated 22.1.2025). Application under Section 482 Cr.P.C. by Sabnam @ Archana and another seeking quashing of charge sheet No. 115 of 2021 dated 12-09-2021 (Sections 363, 366 IPC, Police Station Gunghter, District Barabanki), Criminal Case No. 1438 of 2022 (State VS Mukesh) arising out of Case Crime No. 115 of 2021, summoning order dated 15-12-2022 and B.W. dated 09-02-2024, pending before Additional Chief Judicial Magistrate, Court No. 48, Barabanki, against petitioner no. 2. Court records that opposite party no. 2/informant is annoyed with the relationship of applicant nos. 2 and 1; applicant no. 1 left her parental house on her own volition and solemnized marriage with applicant no. 2 on 20.07.2021; the couple live under one roof with a minor child born on 17.12.2022 — and finds the applicants entitled to interim protection. Learned A.G.A. directed to inform opposite party no. 2 of the pendency and file an affidavit annexing proof of such information on or before the next date fixed; further proceedings qua applicant no. 2 stayed till the next date of listing (10.02.2025). Interim order; final adjudication reserved.

Court No. - 12 Case :- APPLICATION U/S 482 No. - 554 of 2025 Applicant :- Sabnam @ Archana And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Surendra Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

The present application under Section 482 Cr.P.C. has been filed for the following main relief:-

"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash/set aside the impugned charge sheet No.115 of 2021 dated 12-09-2021, U/S 363, 366 I.P.C. Police Station-Gunghter, District-Barabanki as well as Criminal Case No.1438 of 2022 (State VS Mukesh) arising out of Case Crime No. 115 of 2021, U/S 363, 366 I.P.C. Police Station-Gunghter, District-Barabanki, as well as summoning order dated 15-12-2022 as well as B.W. dated 09-02 2024 pending before Additional Chief Judicial Magistrate, Court No. 48 Barabanki, against the petitioner no. 2, in the interest of justice, which is contained in Annexure No. 1, 2 & 3 to this petition, in the interest of justice."

Considering the fact as indicated that the opposite party No.2 being annoyed with the relationship of the applicant Nos.2 and 1, who on her own volition left her parental house, i.e. the house of the opposite party No.2/informant and solemnized marriage with the applicant No.2 on 20.07.2021 and now applicant Nos.1 and 2 are living along with a minor child born on 17.12.2022 under one roof, this court finds that the applicants are entitled for interim protection.

Accordingly, learned A.G.A. is directed to inform the opposite party No.2 regarding the pendency of the instant case and file an affidavit annexing therewith the proof of information provided to the opposite party No.2 on or before the next date fixed.

List this case on 10th February, 2025.

Till the next date of listing, further proceedings in issue qua the applicant No.2, shall remain stayed.

Order Date :- 22.1.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench