Dismissed¶17

Rakesh Kumar Tiwari and 5 Others v. State of U.P. and Another

Allahabad HC10 Nov 2025NA528/43723/2025

Case brief

AI extract

What is this about?

Section 528 BNSS; quashing application; protest petition registered as complaint case; applicants not summoned; premature quashing; no cause of action; compromise and mediation liberty; Sections 498A/323/504/506/313 IPC; Section 3/4 D.P. Act; Case Crime No. 13 of 2023; Case No. 2202 of 2023; P.S. Mahila Thana, Kanpur Nagar; Civil Judge (J.D.)/FTC (CAW); Allahabad High Court; application dismissed.

What did the court decide?

Since the applicants have admittedly not been summoned, there is no cause of action to entertain the present quashing application at this stage. ¶13

Rakesh Kumar Tiwari and 5 Others vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2025)

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43723 of 2025

¶2

Rakesh Kumar Tiwari And 5 Others

¶3

.....Applicant(s)

¶4

Versus

¶5

State of U.P. and Another

¶6

.....Opposite Party(s)

¶7

Counsel for Applicant(s)	: Vijay Kumar Pandey
Counsel for Opposite Party(s)	: G.A.

¶8

Court No. - 76

¶9

HON'BLE VIKRAM D. CHAUHAN, J.

¶10

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶11

The present application has been filed by the applicants for quashing the order dated 23.06.2025 passed on the protest application dated 29.04.2025 filed by opposite party No. 2 in Case No. 2202 of 2023 (State Vs. Vivek Tiwari and others) arising out of Case Crime No. 13 of 2023 under Sections 498A, 323, 504, 506, 313 IPC and under Section 3/4 D.P. Act, Police Station Mahila Thana, District Kanpur Nagar, pending in the court of Civil Judge (J.D.)/FTC (CAW) Kanpur Nagar.

¶12

The first information report was lodged on 3.7.2025 by the wife. The police after investigation submitted a final report. The court concerned has rejected the aforesaid final report and thereafter proceeded to register the case as a complaint case by order dated 23.6.2025. Learned counsel for the applicant further submits that parties have entered into compromise and there is possibility of mediation between the parties.

¶13

It is to be seen that on perusal of the impugned order which only directs the registration of the protest petition as a complaint case. It is an admitted case of the applicants that applicants have not been summoned. In view of the fact that applicants have not been summoned, there is no cause of action to entertain the present application at this stage. So far as the submission of learned counsel for the applicants with regard to mediation is concerned, the applicants are always at liberty to

¶14

¶15

NA528 No. 43723 of 2025

¶16

apply for mediation before the court concerned.

¶17