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

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

What the court decided

AI extract

Outcome

Application disposed of with directions: applicant to surrender before the trial court within three weeks and prefer a bail application, which the trial court will decide expeditiously in light of Satender Kumar Antil (AIR 2022 SC 3386); no coercive action against the applicant for three weeks. The quashing prayer itself was not adjudicated.

Issue for consideration

Whether the summoning order dated 18.9.2017, the NBW order dated 17.6.2022 and the entire proceedings of Complaint Case no.248 of 2017 (Sections 498A, 323, 427, 494 IPC; Sections 3/4 Dowry Prohibition Act) should be quashed. +1 more

Ratio / Principle

If the applicant surrenders before the court below within three weeks and prefers a bail application, the trial court will decide that bail application as expeditiously as possible, taking into account the law laid down by the Supreme Court in Satender Kumar Antil (supra).

Key takeaways

For a period of three weeks from the date of the order, no coercive action shall be taken against the applicant in the aforesaid case.ratio¶16

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 16), Brij Raj Singh, J. — Application U/S 482 No. - 8618 of 2025, Shiv Kumar Vs. State of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another, decided October 9, 2025. The applicant sought quashing of the summoning order dated 18.9.2017 passed by the Additional Chief Judicial Magistrate/Civil Judge (Senior Division)/FTC, Balrampur, the NBW order dated 17.6.2022 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Balrampur, and the entire proceedings of Complaint Case no.248 of 2017 under Sections 498A, 323, 427, 494 IPC and Sections 3/4 of the Dowry Prohibition Act, Police Station Pachpedwa, District Balrampur. Counsel for the applicant stated the applicant would surrender before the trial court and apply for bail, and sought the benefit of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (AIR 2022 SC 3386). The Court directed that if the applicant surrenders within three weeks and prefers a bail application, the trial court will decide it as expeditiously as possible taking into account the law laid down in Satender Kumar Antil (supra); no coercive action was to be taken against the applicant for three weeks. The application stands disposed of; the quashing prayer was not decided on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 8618 of 2025

Shiv Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Panna Lal Gupta, Amit Kumar, Radhey Shyam, Subrat Gupta Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard learned counsel for the applicant, learned AGA and perused the record.

The present application has been filed seeking quashing of impugned summoning order dated 18.9.2017 passed by the Additional Chief Judicial Magistrate/Civil Judge (Senior Division)/FTC, Balrampur as well as entire proceedings of Complaint Case no.248 of 2017 under Sections 498A, 323, 427, 494 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station Pachpedwa, District Balrampur, pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Balrampur and NBW order dated 17.6.2022 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Balrampur.

At the very outset, counsel for the applicant states that applicant will surrender before the trial court and apply for bail. However, he has submitted that applicant may be granted the benefit of the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in (AIR 2022 SC 3386).

It is, therefore, directed that in case the applicant surrenders before the Court below within three weeks from today and prefers bail application, the trial court will decide the said bail application, as expeditiously as possible, taking into account the law laid down by the Supreme Court in

A482 No. 8618 of 2025

2

the case of Satender Kumar Antil (supra).

For a period of three weeks from today, no coercive action shall be taken against the applicant in the aforesaid case.

The application stands disposed of .

(Brij Raj Singh,J.)

October 9, 2025

Sachin

Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench