Abdul Rahman and 2 Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

Abdul Rahman and 2 Others Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty as prayed for to seek the benefit of the Satender Kumar Antil and Musheer Alam judgments and to approach the Court again at an appropriate stage; additionally, the Police Officer concerned is expected not to take any coercive action against the applicant(s) for 30 days, with no application to be entertained in that regard.

Issue for consideration

Whether the application should be disposed of with liberty to the applicants to seek the benefit of the Supreme Court judgments in Satender Kumar Antil and Musheer Alam, leaving the quashing prayers to be pursued afresh at an appropriate stage. +1 more

Court's answer

The present application is disposed of with liberty as prayed for — liberty to seek the benefit of the judgments in Satender Kumar Antil and Musheer Alam and to approach this Court again at an appropriate stage.

Key takeaways

Taking note of the facts and the observations made by the Apex Court in Satender Kumar Antil and Musheer Alam, it is observed that the Police Officer concerned is expected not to take any coercive action against the applicant(s) for a period of 30 days from the date of the order, and no application shall be entertained in this regard.obiter¶19

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), Saurabh Lavania, J. — Application U/S 482 No. 9894 of 2024, decided September 19, 2025. Abdul Rahman and 2 others v. State of U.P. thru. Prin. Secy. Home Lko. — The applicants had sought quashing of Complaint Case No. 21042/2023 (Smt. Niswa Bano alias Muskan v. Abdul Rahman and Others, U/Ss. 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Payagpur, District Bahraich, pending before Additional Civil Judge (J.D.)/F.T.C., Bahraich) and of the Summoning Order dated 19.12.2023 passed in Complaint No. 21042/22 calling them to face trial. At the outset, counsel confined the prayer to seeking the benefit of the Apex Court judgments in Satender Kumar Antil v. CBI, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51, and Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, with liberty to approach again at an appropriate stage; the learned AGA raised no objection. Disposed: application disposed of with liberty as prayed for; taking note of the observations in those judgments, the Court observed that for a period of 30 days the Police Officer concerned was expected not to take any coercive action against the applicant(s), and that no application shall be entertained in this regard.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 9894 of 2024

Abdul Rahman And 2 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Gibran Akhtar Khan, Nayab Alam Counsel for Opposite Party(s) : G.A.

Court No. - 11

HON'BLE SAURABH LAVANIA, J.

Heard learned counsel for the applicant(s) and learned AGA for the State as well as perused the record.

The present application has been filed by the applicant(s) for the following main relief(s):-

"(i) Quash the Complaint Case no. 21042/2023 titled as Smt. Niswa Bano alias Muskan. Versus Abdul Rahman and Others U/SS. 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Payagpur, District Bahraich, pending in the Court of Additional Civil Judge (J.D.)/F.T.C., Bahraich.

(ii) Quash the Summoning Order dated 19.12.2023, passed in the aforesaid Complaint No. 21042/22, calling upon the petitioners to face Trial for the offences punishable U/SS. 498A, 323, 504 I.P.C. and 3/4 D.P. Act, P.S. Payagpur, District Bahraich, pending in the Court of Additional Civil Judge(J.D.)/F.T.C.., Bahraich."

At the very outset, learned counsel for the applicant(s) submitted that at this stage, he is confining his prayer to seek the benefit of the judgment(s) passed by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 for which liberty may be given to the applicant(s) and liberty may also be given to the applicant(s) to approach this

A482 No. 9894 of 2024

2

Court again at appropriate stage for seeking appropriate relief.

Learned AGA has no objection to the prayer made by learned counsel for the applicant(s).

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for.

Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra) , this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today, they would not take any coercive action against the applicant(s) in the aforesaid case. It is made clear that in this regard, no application shall be entertained.

(Saurabh Lavania,J.)

September 19, 2025

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench