Deepak Urf Lavlesh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Deepak Urf Lavlesh vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the summons order dated 01.09.2025 passed by the Chief Judicial Magistrate, Amroha and acceptance of final report no.27 of 2024 dated 18.06.2024.

Issue for consideration

Whether the summons order dated 01.09.2025 passed by the Chief Judicial Magistrate, Amroha — which rejected final report no.27 of 2024 dated 18.06.2024 and directed the accused-applicant to face trial under Sections 376, 328, 323, 506 I.P.C. merely on the statements of opposite party no.2 and other witnesses alleging rape committed on false pretext of marriage — ought to be quashed, in view of the fact that the marriage was solemnized on 16.04.2024, i.e., before the F.I.R. dated 29.04.2024, and that opposite party no.2 herself had applied on 25.04.2025 for acceptance of the final report.

Ratio / Principle

While rejecting the final report and summoning the accused-applicant for trial, the trial court did not take into consideration that opposite party no.2 was already married to the accused-applicant at the time of lodging the F.I.R., and that she had also applied on 25.04.2025 to accept the final report.

Key takeaways

Accordingly, the summons order dated 01.09.2025 passed by the Chief Judicial Magistrate, Amroha is quashed, and the final report (FR) no.27 of 2024 dated 18.06.2024 is accepted.ratio¶13

Detailed headnote1 paragraphs

Allahabad HC (Avnish Saxena, J.) — Application u/s 528 BNSS No. 40583 of 2025 allowed; summons order dated 01.09.2025 of the Chief Judicial Magistrate, Amroha quashed; final report no.27 of 2024 dated 18.06.2024 accepted. The trial court had rejected the Investigating Officer's final report (which dropped accusations against the applicant for offences under Sections 376, 328, 323, 506 I.P.C.) merely on the statements of opposite party no.2 and other witnesses alleging rape committed on false pretext of marriage. The Court observed that opposite party no.2 lodged the F.I.R. on 29.04.2024 even though her marriage to the applicant had been solemnized earlier on 16.04.2024 (marriage certificate at p.35), and that she herself had applied on 25.04.2025 for acceptance of the F.R.; these circumstances having been overlooked by the trial court, the summons order dated 01.09.2025 was quashed and the F.R. was accepted. Counsel had also shown that a compromise was filed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40583 of 2025

Deepak Urf Lavlesh

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Dinesh Kumar
Counsel for Opposite Party(s)		: G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Heard Sri Paritosh Shukla, learned advocate, holding the brief appeared for the accused-applicant, Sri Avesh Mishra, learned advocate, holding the brief appeared for the opposite party no.2 and learned A.G.A. for the State.

Learned counsel for the accused-applicant submits that the F.I.R. has been lodged by his wife (the opposite party no.2). The marriage certificate is at page no.35, which shows that the marriage was solemnized on 16.04.2024, whereas the allegation of rape on applicant no.1 has been made in the F.I.R. on 29.04.2024 (i.e., after the marriage). The Investigating Officer after the investigation has submitted the final report dropping the accusation of applicant, but the learned Chief Judicial Magistrate, Amroha by order dated 01.09.2025 has summoned the accused-applicant to face trial. It is this order and the entire proceedings, which is under challenge. He further shows that there is also compromise filed.

Learned counsel for the opposite party no.2 submits that the accusedapplicant and opposite party no.2 are husband and wife, whose marriage was solemnized prior to lodging the F.I.R. due to some matrimonial dispute. He has admitted the marriage between the applicant and opposite party no.2.

Learned A.G.A. accepts notice for the State.

NA528 No. 40583 of 2025

2

This Court has taken into consideration the impugned order dated 01.09.2025, whereby the learned court of Chief Judicial Magistrate, Amroha has summoned the accused-applicant for offence under Sections 376, 328, 323, 506 I.P.C., rejecting the final report no.27 of 2024 dated 18.06.2024 merely on the basis of the statement made by the opposite party no.2 and other witnesses, wherein it is mentioned that the rape has been committed on false pretext of marriage. It has not been taken into consideration by the trial court that the opposite party no.2 while the lodging the F.I.R., was already married to the accused-applicant and has also moved an application dated 25.04.2025 to accept the FR. In such circumstances, the order dated 01.09.2025 is quashed. The FR No.27 of 2024 dated 18.06.2024 is accepted.

The present application under Section 528 B.N.S.S. is allowed .

(Avnish Saxena,J.)

October 31, 2025 Shivangi

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad