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

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

What the court decided

AI extract

Outcome

Interim directions only, application kept pending: notice to Respondent Nos. 2 and 3; seven working days' time granted for taking steps; office directed to submit the service report by the next date of listing; matter connected and to be listed with Application U/s 528 BNSS No. 74 of 2025; till the next date of listing, no coercive action shall be taken against the applicants.

Issue for consideration

Whether the cognizance order dated 07.12.2024 passed by Additional Chief Judicial Magistrate-III, Lucknow in Criminal Case No. 319/2025, the charge sheet dated 22.11.2024 and the entire criminal proceedings arising from Crime No. 429/2024 (Police Station Chinhat, District Lucknow) should be quashed/set aside as against the applicants. +1 more

Court's answer

The matter was found to require consideration; no adjudication was made at this stage on the quashing prayers.

Ratio / Principle

Notice ordered to be issued to Respondent Nos. 2 and 3.

Key takeaways

The application is to be connected and listed with Application U/s 528 BNSS No. 74 of 2025, the connected matter in which the mother-in-law co-accused's proceedings had earlier been stayed.ratio¶¶17
Interim protection: till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manish Kumar J., interim order dated 25.4.2025 in Application U/S 528 BNSS No. 352 of 2025 (framed under Section 528 BNSS/482 Cr.P.C.). Applicants Dinesh Kumar Shukla and another, stated to be the father-in-law and brother-in-law of Respondent No. 3 (victim), prayed for quashing of the cognizance order dated 07.12.2024 passed by Additional Chief Judicial Magistrate-III, Lucknow in Criminal Case No. 319/2025 arising out of Crime No. 429/2024 (recited as U/s 498A,504,506,307,120B,467,468,471,34 I.P.C & 3/4 D.P.Act, Police Station Chinhat, District Lucknow), the charge sheet dated 22.11.2024, and the entire criminal proceedings therefrom. Counsel submitted that the FIR dated 08.09.2024, lodged by the victim's father (Respondent No. 2), made only general and no specific allegations against them, that proceedings against the co-accused mother-in-law had been stayed vide order dated 11.02.2025 in Application U/s 528 BNSS No. 74 of 2025, and relied on Geeta Mehrotra Vs. State of Uttar Pradesh, (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others, 2022 Lawsuit (SC) 149. The learned A.G.A. opposed but was unable to dispute counsel's submissions or the judgment relied upon. Holding that the matter requires consideration, the court issued notice to Respondent Nos. 2 and 3, granted seven working days' time for steps with a service report by the next date, connected and listed the matter with Application U/s 528 BNSS No. 74 of 2025, and directed that till the next date of listing no coercive action shall be taken against the applicants. Merits left open; the quashing prayers remain undecided.

Court No. - 14

Case :- APPLICATION U/S 528 BNSS No. - 352 of 2025

Applicant :- Dinesh Kumar Shukla And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

Counsel for Applicant :- Dilip Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard.

The present application under Section 528 of BNSS/ 482 Cr.P.C. has been preferred with the following prayers:

"Wherefore, it is most respectfully prayed that court may kindly be please to quashed/set this Hon'ble aside the impugned cognizance order dated 07.12.2024 passed by Additional Chief Judicial Magistrate-III, Lucknow, in Criminal Case No 319/2025 arises out of Crime No 429/2024, U/s 498A,504,506,307,1208,419,420,467,468,471,34 1.P.C & 4 D.P.Act, Police Station Chinhat, District Lucknow, as well as the charge sheet dated 22.11.2024 in Crime No 429/2024, U/s 498A, 504, 506,307, 1208, 467, 468, 471, 34 I.P.C & D.P.Act, Police Station Chinhat, District Lucknow & entire criminal proceeding raised from Crime No 429/2024, U/s 498A,504,506,307,120B,467,468,471,34 I.P.C & 3/4 D.P.Act, Police Station Chinhat, District Lucknow thereto. as against the petitioner. In the interest of justice And may also further be pleased to pass such any order, direction which this Hon'ble court may deem fit and proper in favour of the petitioner, in the interest of justice."

Learned counsel for the applicants has submitted that the applicants are father-in-law and brother-in-law of Respondent No.3 (Victim). The F.I.R. dated 08.09.2024 has been lodged by the father of the victim i.e. Respondent No.2 against the applicants and other family members by making general allegation and no specific allegation against them.

It is further submitted that the proceedings of case against the

mother-in-law of the victim, who is the co-accused has already been stayed by this Court vide order dated 11.02.2025 in Application U/s 528 BNSS No.74 of 2025, so the proceedings initiated against the present applicants in the aforesaid case may also be stayed

Reliance has been placed upon the judgments of Hon'ble Supreme Court in the cases of Geeta Mehrotra Vs. State of Uttar Pradesh reported in (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others reported in 2022 Lawsuit (SC) 149.

On the other hand, learned A.G.A. has opposed the case but unable to dispute the submissions made by learned counsel for the applicant and the judgment relied upon.

The matter requires consideration.

Issue notice to the Respondent Nos.2 & 3.

Learned counsel for the applicant prays for and is granted seven working days' time for taking steps.

Connect and list with Application U/s 528 BNSS No.74 of 2025.

Office is directed to submit the service report by the next date of listing.

Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Order Date :- 25.4.2025

S. Kumar

Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench