Smt. Kalawati Devi and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Smt. Kalawati Devi and Another vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Criminal Case No.10058 of 2024 (8478 of 2024), pending before Judicial Magistrate-III, Lucknow, so far as they relate to the present applicants, till the next date of listing; matter listed/put up for consideration in the 2nd week of October, 2025; opposite parties permitted to file counter affidavits meanwhile. No final decision taken on the quashing prayer.

Issue for consideration

Whether the entire proceedings of Criminal Case No.10058 of 2024 (8478 of 2024) (State Vs. Himanshu Gaur & others) — including charge-sheet no.1/2023 dated 18.11.2023 and the summoning order dated 05.02.2024 — should be quashed insofar as they concern the present applicants, Smt. Kalawati Devi and Smt. Meera Devi.

Court's answer

By way of interim measure, till the next date of listing, further proceedings of Criminal Case No.10058 of 2024 (8478 of 2024) (State Vs. Himanshu Gaur & others), pending before the Judicial Magistrate-III, Lucknow, are ordered to remain stayed so far as they relate to the present applicants.

Detailed headnote1 paragraphs

INTERIM ORDER - QUASHING PRAYER UNDER SECTION 482 CR.P.C./SECTION 528 B.N.S.S., 2023 DEFERRED; PROCEEDINGS CONCERNING APPLICANTS STAYED TILL NEXT LISTING. High Court of Judicature at Allahabad (Lucknow Bench), Court No. 14, Application U/S 482 No. 6814 of 2025, decided on 21.8.2025 by Hon'ble Shree Prakash Singh, J. Applicants Smt. Kalawati Devi (aged about 72 years) and Smt. Meera Devi (aged about 66 years), described by counsel as relatives of the husband of opposite party no. 2 who were allegedly roped into FIR Case Crime No.0591/2023 (Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act, Police Station Madiyaon, District Lucknow) with no specific allegation of cruelty for demanding dowry against them, sought through counsel (Akhilesh Kumar Pandey, Rashmi Pandey, Swadha Gupta) quashing of the entire proceedings of Criminal Case No.10058 of 2024 (8478 of 2024) (State Vs. Himanshu Gaur & others), pending before Judicial Magistrate-III, Lucknow, including charge-sheet no.1/2023 dated 18.11.2023 and summoning order dated 05.02.2024. Reliance was placed on Geeta Mehrotra v. State of U.P., (2012) 10 SCC 741, and Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599; learned AGA for the State could not dispute the contention. Holding that the matter requires consideration, the Court put up the matter for the 2nd week of October, 2025, allowed the opposite parties to file counter affidavits meanwhile, and directed that till the next date of listing further proceedings of the Criminal Case, so far as they relate to the present applicants, shall remain stayed. The Court took no final view on merits; the Supreme Court precedents were noted from counsel's submissions and were not themselves applied by this Court in this interim order.

Court No. - 14

Case :- APPLICATION U/S 482 No. - 6814 of 2025

Applicant :- Smt. Kalawati Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Akhilesh Kumar Pandey,Rashmi Pandey,Swadha Gupta Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

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

Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023 has been filed with the prayer to quash the entire proceeding of Criminal Case No.10058 of 2024 (8478 of 2024) (State Vs. Himanshu Gaur & others), arising out of Case Crime No.0591/2023, under Sections 498-A, 323, 504 and 506 IPC read with Section 3/4 D.P. Act lodged at Police Station Madiyaon, District Lucknow, pending in the Court of learned Judicial Magistrate- III, Lucknow, to quash the charge-sheet no.1/2023 dated 18.11.2023 and summoning order dated 05.02.2024 passed in the aforesaid case.

It is argued by learned counsel appearing for the applicants that the applicants are innocent and were not involved in committing any offence as narrated in the FIR. He added that the applicant no. 1-Smt. Kalawati Devi is aged about 72 years, while applicant no.-Smt. Meera Devi is aged about 66 years and there is no specific allegation against them for committing any cruelty for demanding dowry. He further added that being relative of husband of opposite party no. 2 the applicants have been roped in the FIR and there is no cogent evidence against them and the matter will not lead to their punishment/conviction.

The learned counsel for the applicants places reliance upon the decisions of the Hon'ble Supreme Court in the case of Geeta Mehrotra and another Vs. State of U.P. and anr.: (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam & Ors. v. State of Bihar & Ors: (2022) 6 SCC 599.

Referring the aforesaid, he submits that the case of the present applicants is squarely covered with the ratio of the aforesaid judgments and, therefore, submission is that the criminal prosecution against the applicants may be quashed.

Learned A.G.A. appearing for the State could not dispute the contention aforesaid.

Matter requires consideration. .

List/put up this matter in the 2nd week of October, 2025.

In the meantime, the opposite parties may file counter affidavit.

Till the next date of listing, further proceeding of Criminal Case No.10058 of 2024 (8478 of 2024) (State Vs. Himanshu Gaur & others), pending in the Court of learned Judicial Magistrate- III, Lucknow, so far as it relates to the present applicants, shall remain stayed.

[Shree Prakash Singh,J.]

Order Date :- 21.8.2025 MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench