Ravi Shankar Alias Guddu and Another Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2025)

Ravi Shankar Alias Guddu and Another Vs State of U.P… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the entire proceedings of Case Crime No. 19349 of 2023 (under sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act) should be quashed in respect of the applicants under Section 528 BNSS. +1 more

Court's answer

Where harassment of the wife and her subjection to cruelty are alleged and the FIR contains specific allegations regarding demand of dowry, the prayer for quashing of proceedings at this stage cannot be granted.

Ratio / Principle

This Court cannot hold a mini trial as to the role played by each of the accused persons at the quashing stage, there being specific allegations with regard to demand of dowry.

Key takeaways

There are specific allegations against the applicants in the FIR; all the accused persons are residents of the same place, hence distinction among them is not required at this stage; the role played by each accused is a question of evidence.ratio¶11

Detailed headnote1 paragraphs

Neutral citation 2025:AHC:88990; Court No. 75, High Court of Judicature at Allahabad; judge Vikram D. Chauhan; decided 26.5.2025. Application U/S 528 BNSS No. 3688 of 2025 by Ravi Shankar alias Guddu and another (described as the brother-in-law and sister-in-law; counsel Mohd. Afzal and Shivangi Singh) against State of U.P. and another (opposite-party counsel Ankit Kumar Sahu and G.A.), seeking quashing of the proceedings of Case Crime No. 19349 of 2023 (State of U.P. Vs. Ram Shankar and Others) under sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, pending before Civil Judge (Junior Division) / F.T.C. (Crime Against Women), Fatehpur. Proceedings arise from FIR dated 14.7.2020, Police Station Kotwali, Fatehpur, lodged by the wife of co-accused Ram Shankar, alleging marriage on 29.4.2018, acceptance of Rs. 5 lakhs dowry, additional dowry demand including an Alto car, assaults on 2.1.2019, and a 7.7.2020 incident involving the husband and applicant no. 1. A Court order dated 15.05.2025 had directed production of the husband, who proved untraceable and uncooperative, with the applicants not complying. The Court found specific allegations against the applicants, held that since all accused reside at the same place no distinction among them was required at this stage, that role apportionment is a question of evidence, and that it cannot hold a mini trial at the quashing stage where harassment/cruelty is alleged; it therefore declined to entertain the application and dismissed it.

Neutral Citation No. - 2025:AHC:88990

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 3688 of 2025

Applicant :- Ravi Shankar Alias Guddu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal,Shivangi Singh Counsel for Opposite Party :- Ankit Kumar Sahu,G.A.

Hon'ble Vikram D. Chauhan,J.

Learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned AGA for the State are present.

This application under Section 528 BNSS has been filed by applicants for quashing the entire proceedings of Case Crime No. 19349 of 2023 (State of U.P. Vs. Ram Shankar and Others), under sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Kotwali, District Fatehpur, pending in the Court of Civil Judge (Junior Division) / F.T.C. (Crime Against Women), Fatehpur.

By order dated 15.05.2025, the husband was directed to be produced before this Court.

Learned A.G.A. has informed that the husband is not traceable. The husband is not cooperating with the matter. The applicants are also not producing the husband and is not honoring the order of this Court.

The applicants are the brother-in-law and sister-in-law. The first information report has been lodged by the wife of the co-accused Ram Shankar. As per the FIR dated 14.7.2020, it is alleged that informant was married to co-accused Ram Shankar on 29.4.2018 and in the marriage Rs. 5 lakhs dowry was accepted by the husband and the family members along with other gifts and at the time of marriage additional dowry was being demanded by the family members of the husband including applicants by way of Alto car and started harassing wife for the demand of dowry and have assaulted. It is also alleged in the FIR that on 2.1.2019, at about 5:00 p.m., family members of the husband have assaulted wife-informant with common intention and have thrown out of the house. Further, it is alleged in the FIR that on 7.7.2020, at about 6:00 p.m., husband and applicant no. 1 came and starting

demanding dowry and have assaulted wife-informant. A perusal of the FIR would go to show that there are specific allegations against the applicants. As per the FIR all the accused persons are resident of the same place and as such distinction is not required to be made at this stage. It is a question of evidence as to the role played by each of the accused. Once there is harassment to the wife and wife has been subjected to cruelty, then prayer for quashing of the proceedings at this stage cannot be granted and this Court cannot hold a mini trial as to the role played by each of the accused person as there are specific allegations with regard to demand of dowry.

In view of the aforesaid, this Court declines to entertain this application under Section 528 BNSS and is accordingly, dismissed.

Order Date :- 26.5.2025 SK Srivastava

Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad