Anuj Kumar Shukla and Another vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

Anuj Kumar Shukla and Another vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only; merits deferred. Notice issued to respondent No.3, who may file objections in the meanwhile (paras 12, 14); case to be listed afresh on 24.11.2025 (para 13); till the next date of listing, no coercive action shall be taken against the petitioners (para 12 of body, para 24); respondent Nos.1 & 2 to verify the certificate of separate living and submit a report with the Investigating Officer's personal affidavit by the next date, failing which the Investigating Officer shall appear in person (paras 23, 25). The petition itself (quashing of the F.I.R.) was not adjudicated at this stage.

Issue for consideration

Whether the F.I.R. No.257 of 2025 dated 26.09.2025 (Sections 85, 108 of the B.N.S., 2023, Police Station Bighapur, District Unnao), whose quashing the instant petition seeks, should be quashed. +2 more

Ratio / Principle

Interim protection ordered: till the next date of listing (24.11.2025, as fresh), no coercive action shall be taken against the petitioners.

Key takeaways

Considering the submissions and the certificate of separate living annexed as Annexure-2, respondent Nos.1 & 2 are required to verify and submit a report along with the further progress made in the investigation against the petitioners, by filing a personal affidavit of the Investigating Officer by the next date.ratio¶23
Conditional directive: in case the personal affidavit of the Investigating Officer is not filed, the Investigating Officer shall appear in person.ratio¶25

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 11; Hon'ble Abdul Moin, J. with Hon'ble Mrs. Babita Rani, J.), interim order dated October 17, 2025 in Crl. Misc. Writ Petition No. 9584 of 2025 (Anuj Kumar Shukla and another v. State of U.P. thru Prin. Secy. Home Deptt. Lko. and 2 others). Petition prays for quashing of F.I.R. No. 257 of 2025 dated 26.09.2025 under Sections 85, 108 of the B.N.S., 2023, Police Station Bighapur, District Unnao, lodged by respondent No.3 (father of the deceased Ms. Arti) after Ms. Arti — sister-in-law of petitioner No.1 and daughter-in-law of petitioner No.2 — committed suicide on 26.09.2025; she had married Shri Anurag (brother of petitioner No.1, son of petitioner No.2) in 2016, lived separately with two children born of the wedlock, and the F.I.R. implicates both petitioners besides Shri Anurag and Shri Sushil Kumar @ Raja (father of petitioner No.1, husband of petitioner No.2). Counsel contends only general allegations were levelled and petitioner No.1 underwent major surgery (medical records at Annexure-5); husband of deceased and her father-in-law already arrested yet police allegedly harassing petitioners. Learned A.G.A. (instructions of S.I. Sunil Babu, Thana Bighapur, dated 08.10.2025) stated investigation ongoing but nothing concrete has emerged against the petitioners. Considering this and the certificate of separate living (Annexure-2), the Court directed respondent Nos.1 & 2 to verify and submit a report with further progress of investigation by filing the Investigating Officer's personal affidavit by the next date, failing which the I.O. shall appear in person; notice issued to respondent No.3 to file objections; fresh listing fixed for 24.11.2025; till then no coercive action shall be taken against the petitioners. No precedent engaged; purely interim protective order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. WRIT PETITION No. - 9584 of 2025

Anuj Kumar Shukla And Another

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Neeraj Singh, Chandrika Prasad Bajpai Counsel for Respondent(s) : G.A.

Court No. - 11

HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J.

Heard learned counsel for the petitioners, learned A.G.A. appearing on behalf of respondent Nos.1 & 2.

Issue notice to the respondent No.3.

List this case on 24.11.2025, as fresh.

In the meanwhile, the respondent No.3 may file objections, if any.

The instant petition has been filed praying for quashing the F.I.R. dated 26.09.2025 bearing F.I.R. No.257 of 2025, under Sections 85, 108 of the B.N.S., 2023, Police Statition Bighapur, District Unnao.

The contention of learned counsel for the petitioners is that one Smt. Arti, who is the sister-in-law of the petitioner No.1 and the daughter-in-law of the petitioner No.2 respectively, was married in the year 2016 with Shri Anurag i.e. brother of the petitioner No.1 and the son of the petitioner No.2. Subsequent thereto, Shri Anurag along with Ms. Arti started residing separately. Two children were also born out of their wedlock. Ms. Arti committed suicide on 26.09.2025. In the F.I.R., which was lodged by the respondent No.3 i.e. father of Ms. Arti, the respondent No.3 has implicated both the petitioners as well as Shri Anurag and Shri Sushil Kumar @ Raja i.e. the father of the petitioner No.1 and the husband of the petitioner No.2 herein.

CRLP No. 9584 of 2025

2

It is contended that only general allegations have been levelled in the said F.I.R.

However, despite the husband of the deceased as well as the father-in-law of the deceased having been arrested yet the police are harassing the petitioners after lodging of the said F.I.R.

The contention is that once only general allegations have been levelled against the petitioners and the petitioner No.1 has also undergone a major surgery for which the medical records have been filed as Annexure-5 to the petition, as such, there cannot be any occasion for the respondents to harass the petitioners under the pretext of the aforesaid F.I.R. being lodged.

On the hand learned A.G.A., on the basis of instructions sent by Shri Sunil Babu, Sub-Inspector, Thana Bighapur, District Unnao dated 08.10.2025, states that the investigation in the matter is going on but nothing concrete has emerged against the petitioners.

Considering the aforesaid as well as the certificate of separate living which has been annexed as Annexure-2 to the petition, the respondent Nos.1 & 2 are required to verify and submit a report in this regard along with the further progress which has been made in the investigation against the petitioners by filing a personal affidavit of the Investigating Officer by the next date.

Till the next date of listing, no coercive action shall be taken against the petitioners.

In case the personal affidavit is not filed, the Investigation Officer shall appear in person.

October 17, 2025 S. Shivhare

(Mrs. Babita Rani,J.) (Abdul Moin,J.)

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench