Jang Bahadur Singh and 6 Others vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2026)

Jang Bahadur Singh and 6 Others vs State of U.P. Thru… — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application not finally decided on merits. Notice ordered to be issued to opposite party no. 2, returnable at an early date, with steps to be taken within one week; three weeks granted to the opposite parties to file counter affidavit and one week thereafter to applicants' counsel for rejoinder affidavit. As interim relief, the proceedings initiated pursuant to the Charge-sheet dated 12.10.2021, the Summoning Order dated 20.11.2021 and the entire proceeding in Criminal case / C.I.S. No.1324 of 2024 are stayed so far as the present applicants are concerned till the next date of listing.

Issue for consideration

Whether the Charge-sheet dated 12.10.2021, the Summoning Order dated 20.11.2021 and the entire proceeding in Criminal case / C.I.S. No.1324 of 2024 (arising out of case crime no. 0052 of 2021) against the applicants should be quashed under section 482 Cr.P.C. +1 more

Court's answer

As an interim measure, till the next date of listing, the proceedings initiated in pursuance of the Charge-sheet dated 12.10.2021, the Summoning Order dated 20.11.2021 and the entire proceeding in Criminal case / C.I.S. No.1324 of 2024 shall remain stayed so far as the present applicants are concerned.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16 (Shree Prakash Singh, J.), order dated May 25, 2026 in Application U/S 482 No. 4430 of 2026 — Jang Bahadur Singh and 6 others v. State of U.P. and another. Applicants, described by counsel as in-laws of the victim allegedly implicated without any specific allegation of cruelty or dowry demand, seek quashing of the Charge-sheet dated 12.10.2021, the Summoning Order dated 20.11.2021 and the entire proceeding in Criminal case / C.I.S. No.1324 of 2024 (State versus Ajay Singh and Others) arising from case crime no. 0052 of 2021 under Sections 498(A), 323, 504, 506 I.P.C. and 3/4 D.V. Act, Police Station Mahila Thana, District Gonda. Counsel relied on Geeta Mehrotra v. State of U.P. (2012(10) ADJ 464) and Kahkashan Kausar alias Sonam v. State of Bihar ((2022) 6 SCC 599); the A.G.A. opposed, noting the applicants are named in the FIR. The Court directed issue of notice to opposite party no. 2, allowed three weeks for counter affidavit and one week thereafter for rejoinder, and stayed the proceedings qua the applicants till the next date of listing. Matter remains pending; no final adjudication on the quashing prayer.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 4430 of 2026

Jang Bahadur Singh And 6 Others

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)

Counsel for Applicant(s) : Rupa Singh, Alok Kirti Mishra Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.

The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the Charge-sheet dated 12.10.2021, Summoning Order dated 20.11.2021 and entire proceeding in Criminal case / C.I.S. No.1324 of 2024, State versus Ajay Singh and Others, pending before the learned Additional Chief Judicial (Junior Division) First, District Gonda, in case crime no. 0052 of 2021, Under Sections: 498(A), 323, 504, 506 of I.P.C. and 3/4 D.V. Act. 1961, Police Station: Mahila Thana, District: Gonda.

Learned counsel appearing for the applicants submits that the applicants are in-laws of the victim and they have falsely been implicated in the instant matter. He next added that there is no specific allegation against the present applicants for committing cruelty or demand of dowry and due to anonymity, the names of the present applicants have been mentioned in the first information report. He next added that the Investigating Officer, without collecting the material evidence against the present applicants, has submitted the chargesheet. In support of his contentions, he has placed reliance on the Judgment of the Apex Court in the case of Geeta Mehrotra Vs State of U.P. and Others, reported in 2012(10) ADJ 464 and Kahkashan Kausar alias Sonam and Others Vs State of Bihar and Others, reported in (2022) 6 SCC 599 and submits that the case of the present applicants is squarely covered

A482 No. 4430 of 2026

2

with the ratio of Judgment aforesaid. Thus, submission is that the criminal proceedings against the applicants may be quashed.

On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the applicants are named in the first information report and they are involved in committing offence and thus, submission is that the applicants are not entitled for any relief.

Matter requires consideration.

Issue notice to opposite party no. 2, returnable at an early date.

Steps be taken within one week.

Three weeks' time is granted to the opposite parties to file counter affidavit.

One week thereafter is granted to learned counsel for the applicant to file rejoinder affidavit.

List thereafter.

Till the next date of listing, the proceedings initiated in pursuance of Charge-sheet dated 12.10.2021, Summoning Order dated 20.11.2021 and entire proceeding in Criminal case / C.I.S. No.1324 of 2024, State versus Ajay Singh and Others, pending before the learned Additional Chief Judicial (Junior Division) First, District Gonda, in case crime no. 0052 of 2021, Under Sections: 498(A), 323, 504, 506 of I.P.C. and 3/4 D.V. Act. 1961, Police Station: Mahila Thana, District: Gonda, shall remain stayed so far as the present applicants are concerned.

(Shree Prakash Singh,J.)

May 25, 2026

V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench