Pradeep Kumar and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Pradeep Kumar and 5 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim stay till the next date of listing of further proceedings of the summoning order dated 20.09.2024 and bailable order dated 11.12.2024 (Complaint Case No. 2844 of 2024, Bulandshahar), insofar as they relate to the applicants; notice issued to opposite party no. 2, counters within six weeks and rejoinder within two weeks thereafter.

Issue for consideration

Whether the complaint dated 19.04.2024 lodged by opposite party no. 2 under Sections 498A, 354, 328, 323, 504, 506 I.P.C. and 3/4 D.P Act against the applicants is a gross misuse of the process of law, given the alleged concealment of her earlier marriage, warranting interference by this Court.

Court's answer

As an interim measure, till the next date of listing, further proceedings of the impugned summoning order dated 20.09.2024 and the bailable order dated 11.12.2024 passed by the Additional Civil Judicial Magistrate, Court No.4, Bulandshahar, in Complaint Case No. 2844 of 2024, shall remain stayed insofar as they relate to the applicants.

Detailed headnote1 paragraphs

Allahabad High Court (Vikas Budhwar, J.), Application u/s 528 BNSS No. 9895 of 2025 - Pradeep Kumar & 5 others v. State of U.P. & anr.: Applicants, proceeded against in Complaint Case No. 2844 of 2024 (Smt. Diksha v. Pradeep & others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P Act, P.S. Kotwali Nagar, District Bulandshahar, contend the complaint lodged on 19.04.2024 is a gross misuse of process, opposite party no. 2 having allegedly concealed her earlier marriage to Mohit Choudhary (proceedings under s.13(b) Hindu Marriage Act decided 19.03.2024) when marrying applicant no. 1 on 15.04.2022, the complaint following the applicants' s.11 Hindu Marriage Act petition dated 04.01.2024. Court issued notice to opposite party no. 2, fixed counters (six weeks) and rejoinder (two weeks), and stayed till the next date of listing the further proceedings of the summoning order dated 20.09.2024 and bailable order dated 11.12.2024 qua the applicants.

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 9895 of 2025

Applicant :- Pradeep Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Shukla,Mohd. Arshad Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

The contention of the learned counsel for the applicants is that the complaint so lodged under Sections 498A, 354, 328, 323, 504, 506 I.P.C. and 3/4 D.P Act is nothing but grossest misuse of process of law as in view of the allegations made in the complaint lodged by the opposite party no. 2 against the applicants who happened to be husband, father-in-law, brother-in-law, Nanad , Jeth , Jethani , the marriage of the opposite party no. 2 stood solemnized with the applicant no. 1 herein on 15.04.2022. It is contended that the opposite party no. 2 was earlier married to one Mohit Choudhary and the proceedings under Section 13(b) of the Hindu Marriage Act stood preferred which came to be decided on 19.03.2024. Submission is that without disclosing the factum of the earlier marriage, the marriage stood solemnized between the applicant no. 1 and opposite party no. 2 and when the applicants instituted proceedings under Section 11 of the Hindu Marriage Act, 1955 on 04.01.2024 then the impugned complaint has been lodged on 19.04.2024.

2. Matter requires consideration.

Learned AGA has accepted notice on behalf of opposite party no. 1-State.

Issue notice to opposite party no. 2.

Both the opposite parties shall file their counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List thereafter before appropriate bench.

Till the next date of listing, the further proceedings of impugned summoning order dated 20.09.2024 as well as Bailable order dated of 11.12.2024 passed by the Learned Court Additional Civil Judicial Magistrate, Court No.4, Bulandshahar, in complaint case No. 2844 of 2024 (Smt. Diksha Vs Pradeep & others) under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P Act, Police Station- Kotwali Nagar, District Bulandshahar, insofar as it relates to the applicant shall remain stayed.

Order Date :- 17.7.2025 A. Prajapati

Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad