Smt. Nirmala Devi and Another vs the State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

Smt. Nirmala Devi and Another vs the State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: notice ordered to opposite party no.2 (para 12), steps within a week (para 13), listing in fourth week of September 2025 (para 14), and further proceedings of Criminal Case No.14330 of 2025 stayed till the next date of listing (para 15). The final decision on quashing remains pending.

Issue for consideration

Whether the charge-sheet dated 3.8.2024 and the summoning/cognizance order dated 1.5.2025 in Case Crime No.318/2024 (Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961) together with the entire consequential proceedings should be quashed qua the applicants (mother-in-law and sister-in-law of opposite party no.2) on the ground that the allegations of cruelty and dowry demand are general, non-specific and constitute an abuse of process of law.

Court's answer

After hearing counsel and perusing the record, the Court found that there are general allegations against all the family members and that the allegations with regard to the demand of dowry as well as the harassment are not specific and are not against any particular person.

Ratio / Principle

Further proceedings of Criminal Case No.14330 of 2025 arising out of Case Crime No.318/2024 (Police Station Karnailganj, District Gonda) shall remain stayed till the next date of listing; notice was ordered to be issued to opposite party no.2 and the matter listed for the fourth week of September 2025.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (LUCKNOW BENCH) — Application U/S 482 No. 6451 of 2025, Smt. Nirmala Devi and another v. State of U.P. through Principal Secretary, Department of Home and another; decided 13.8.2025 by Hon'ble Shree Prakash Singh, J. Applicants (mother-in-law and sister-in-law of opposite party no.2) sought quashing of the charge-sheet dated 3.8.2024 arising out of Case Crime No.318/2024 under Sections 498A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961 (Police Station Karnailganj, District Gonda) and of the summoning/cognizance order dated 1.5.2025 passed by the Chief Judicial Magistrate, Gonda in Criminal Case No.14330 of 2025 (State Vs. Sooraj Mishra & others), qua themselves. Counsel submitted that no specific allegation of cruelty or dowry demand is narrated against them, that relatives were roped in, and that the proceedings are an abuse of process, citing Geeta Mehrotra (2012 (10) ADJ 464) and Kahkashan Kausar ((2022) 6 SCC 599); the A.G.A. could not dispute that the allegations against the applicants are general. The Court found general allegations against all family members, with the dowry-demand and harassment allegations neither specific nor directed against any particular person. INTERIM ORDER: notice issued to opposite party no.2, matter listed for the fourth week of September 2025, and further proceedings of Criminal Case No.14330 of 2025 STAYED till the next date of listing; final quashing decision pending.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 6451 of 2025

Applicant :- Smt. Nirmala Devi And Another Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home And Another

Counsel for Applicant :- Ashish Mishra,Mohd. Imran Khan Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

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

Instant application has been filed with the prayer to quash the impugned charge sheet dated 3.8.2024 arising out of Case Crime No.318/2024 under Sections 498A, 323, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, 1961 pertaining to Police Station Karnailganj, District Gonda as well as the impugned summoning/cognizance order dated 1.5.2025 passed by Chief Judicial Magistrate, Gonda in Criminal Case No.14330 of 2025 (State Vs. Sooraj Mishra & others) including entire consequential proceedings thereof qua the applicants.

It has been submitted by the learned counsel for the applicants that the applicant nos. 1 and 2 are mother-in-law and sister-inlaw of the opposite party no.2 respectively and there is no specific allegation for committing cruelty or demand of dowry as is narrated in the F.I.R. He also submits that being the relatives, the applicants have been roped in the case and they are suffering hard while facing the criminal proceedings. Thus, the criminal proceedings is nothing but an abuse of process of law. In support of his submissions, he has placed reliance on the Judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464 and Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others, (2022) 6 SCC 599 .

On the other learned A.G.A. for the State has opposed the submissions aforesaid, however, he could not dispute the fact that there are general allegations against the applicants.

Having heard learned counsel for the parties and after perusal of record, I find that there are general allegations against all the

family members and allegation with regard to the demand of dowry as well as the harassment is not specific and is not against any particular person.

Let notice be issued to the opposite party no.2 returnable at an early date.

Steps be taken within a week.

List/put up this matter in fourth week of September 2025.

Further proceedings of the aforementioned Criminal Case No.14330 of 2025 arising out of Case Crime No.318/2024 under Sections 498A, 323, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, 1961, Police Station Karnailganj, District Gonda, shall remain stayed till the next date of listing.

Order Date :- 13.8.2025 Ram Murti

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench