Pradeep Kumar and Others vs State of Up ANOther — Dowry and Cruelty | Allahabad HC (2026)

Pradeep Kumar and Others vs State of Up ANOther — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application entertained qua applicants no. 2 to 4 with interim protection from coercive action till the next date of listing; counter affidavits within six weeks and rejoinder within two weeks thereafter; prayer to quash refused qua applicant no. 1 at this stage, with direction that if he surrenders within three weeks and applies for bail, it be decided expeditiously per Satender Kumar Antil v. CBI.

Issue for consideration

Whether the entire proceedings of Complaint Case No.3350 of 2021 (Rekha Vs. Pradeep Kumar and others) under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, including the summoning order dated 16.4.2022, are liable to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

Prayer to quash the proceedings is refused qua applicant no. 1 (husband, Pradeep Kumar) at this stage: prima facie ingredients of the offence alleged are made out against him, and the challenge involves factual disputes and appraisal of evidence.

Ratio / Principle

Direction: if applicant no. 1 surrenders before the court below within three weeks and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with the law laid down in Satender Kumar Antil v. Central Bureau of Investigation.

Key takeaways

The application is entertained qua applicants no. 2 to 4 in view of the Apex Court judgment in Geeta Mehrotra v. State of U.P.; opposite parties may file counter affidavits within six weeks and rejoinder affidavit within two weeks thereafter.ratio¶17
Interim protection: till the next date of listing, no coercive action shall be taken against applicants no. 2 to 4 in the aforesaid case.ratio¶20

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — quashing of complaint case under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act arising from a matrimonial dispute — Held, quashing refused qua husband-applicant no. 1 since prima facie ingredients of the offence are made out and the challenge involves factual disputes and appraisal of evidence; if he surrenders within three weeks and applies for bail, it shall be decided expeditiously in accordance with Satender Kumar Antil v. CBI (2021 SCC OnLine SC 922) — Application entertained qua in-law applicants no. 2 to 4 in view of Geeta Mehrotra v. State of U.P. (AIR 2013 SC 181); till next date of listing, no coercive action against applicants no. 2 to 4; mediation between the parties had failed (report dated 03.08.2024).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 364 of 2024

Pradeep Kumar And Others

.....Applicant(s)

Versus

State Of Up Another

.....Opposite Party(s) Counsel for Applicant(s) : Akhilesh Kumar Mishra Counsel for Opposite Party(s) : G.A., Hanuman Deen Verma

Court No. - 74

HON'BLE DEEPAK VERMA, J.

Heard learned counsel for the applicants; counsel for the opposite party no.2; learned A.G.A. for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of entire proceeding of Complaint Case No.3350 of 2021, Rekha Vs. Pradeep Kumar and others, under Sections 498-A, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Dharmsinghava, District Sant Kabir Nagar including the summoning order dated 16.4.2022 passed by Civil Judge (Junior Division) Fast Track Court-II/Judicial Magistrate, Sant Kabir Nagar.

Counsel for the applicant submits that vide order dated 26.02.2024, the matter was referred to Mediation and Conciliation Centre, High Court, Allahabad. As per Mediation report dated 03.08.2024, mediation completed but no agreement. It is next submitted that applicant no. 1 is husband and applicants no. 2 to 4 are in-laws of opposite party no.2. After marriage, dispute arose between the husband and wife and opposite party no. 2 lodged complaint against all the family members of her husband. Prima facie, no offence is made out against the applicants No. 2 to 4.

So far as the husband-applicant no. 1, namely, Pradeep Kumar is concerned, prima facie, ingredients of the offence alleged are made out. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence. However, if the applicant no. 1

A482 No. 364 of 2024

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surrenders before the concerned Court below within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

So far as the applicants no. 2 to 4 are concerned, the present application is entertained in view of the judgment of Apex Court in Geeta Mehrotra and Another Vs. State of U.P. and Another reported in AIR 2013 SC 181.

Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

Till the next date of listing, no coercive action shall be taken against the applicants no. 2 to 4 in the aforesaid case.

(Deepak Verma,J.)

April 7, 2026 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad