Narendra Kumar Trivedi and Another vs State of U.P… — Dowry and Cruelty | Allahabad HC (2025)

Narendra Kumar Trivedi and Another vs State of U.P… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: proceedings in pursuance of Case No. 13812 of 2025 (case crime no. 0116 of 2024) stayed so far as the present applicants are concerned until the next date of listing (fourth week of October, 2025); notice issued to opposite party no. 2 (steps within a week); counter affidavits permitted from the A.G.A. and opposite party no. 2's counsel. Final decision on the prayer to set aside the cognizance order deferred.

Issue for consideration

Whether the criminal proceedings initiated against the applicants (applicant no. 1, father-in-law aged 68, and applicant no. 2, mother-in-law aged 64, allegedly implicated without specific allegations) pursuant to Case No. 13812 of 2025 arising out of case crime no. 0116 of 2024 should be set aside / quashed.

Court's answer

Notice ordered to be issued to opposite party no. 2, returnable at an early date.

Ratio / Principle

Steps for the notice to be taken within a week.

Key takeaways

Matter to be listed / put up in the fourth week of October, 2025.ratio¶21
In the meantime, the learned A.G.A. and learned counsel for opposite party no. 2 may file their counter affidavits.ratio¶22
As an interim measure, till the next date of listing, the proceedings initiated in pursuance of Case No. 13812 of 2025 (arising out of case crime no. 0116 of 2024, under sections 498A, 323, 504, 506 and 354 IPC and 3/4 of Dowry Protection Act, Police Station Aliganj, District Lucknow) shall remain stayed so far as the present applicants are concerned.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 14 — Shree Prakash Singh, J.; interim order dated August 25, 2025 in Application U/S 482 No. 6823 of 2025. Applicants Narendra Kumar Trivedi (no. 1, father-in-law) and another (no. 2, mother-in-law), counsel Santosh Kumar Mishra, sought setting aside of the cognizance order dated 24.02.2025 in Case No. 13812 of 2025 arising out of the impugned FIR dated 12.05.2024 (case crime no. 0116 of 2024) under sections 498A, 323, 504, 506 and 354 IPC and 3/4 of the Dowry Protection Act, Police Station Aliganj, District Lucknow, following chargesheet no. 01 dated 22.06.2024. Counsel contended the elderly applicants (68 and 64 years) were falsely implicated with no specific allegation against them and the chargesheet was filed without material evidence, relying on Geeta Mehrotra v. State of U.P., 2012(10) ADJ 464, and Kahkashan Kausar alias Sonam v. State of Bihar, (2022) 6 SCC 599; the A.G.A. opposed, stating the applicants are named in the FIR. The Court issued notice to opposite party no. 2 (steps within a week), permitted counter affidavits, fixed the matter for the fourth week of October 2025, and stayed the proceedings in the said case, so far as the present applicants are concerned, till the next date of listing. The prayer for quashing was not finally decided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 6823 of 2025

Narendra Kumar Trivedi And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s)	: Santosh Kumar Mishra
Counsel for Opposite Party(s)	: G.A.

Court No. - 14

HON'BLE SHREE PRAKASH SINGH, J.

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

The instant application has been filed with the prayer to set aside the cognizance order dated 24.02.2025 in Case No. 13812 of 2025 arising out of case crime no. 0116 of 2024 under sections- 498A, 323, 504, 506 and 354 IPC and 3/4 of Dowry Protection Act Police Station Aliganj DistrictLucknow, chargesheet no. 01 dated 22.06.2024 in pursuance of the impugned FIR dated 12.05.2024.

Learned counsel appearing for the applicants submits that the applicant no. 1 is father-in-law and the applicant no. 2 is mother-in-law, having 68 and 64 years of age respectively and they have falsely been implicated in the instant matter. He next added that there is no specific allegation against the present applicants and due to anonymity, the names of the present applicants have been mentioned in the first information report and they have never committed cruelty for demand for dowry. He next added that the Investigating Officer, without collecting the material evidence against the present applicants, has submitted the chargesheet.

In support of his contentions, he has placed reliance on the Judgment of the Apex Court in the case of Geeta Mehrotra Vs State of U.P. and Others, reported in 2012(10) ADJ 464 and Kahkashan Kausar alias Sonam and Others Vs State of Bihar and Others , reported in (2022) 6 SCC 599 and

A482 No. 6823 of 2025

2

submits that the case of the present applicants is squarely covered with the ratio of Judgment aforesaid. Thus, submission is that the criminal proceedings against the applicants may be quashed.

On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the applicants are named in the first information report and they are involved in committing offence and thus, submission is that the applicants are not entitled for any relief.

Matter requires consideration.

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

Steps be taken within a week.

List/put up this matter in the fourth Week of October, 2025.

In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.

Till the next date of listing, the proceedings initiated in pursuance of Case No. 13812 of 2025 arising out of case crime no. 0116 of 2024 under sections- 498A, 323, 504, 506 and 354 IPC and 3/4 of Dowry Protection Act Police Station Aliganj District- Lucknow, shall remain stayed so far as the present applicants are concerned.

August 25, 2025 Mayank

(Shree Prakash Singh,J.)

Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench