Faisal Khan and Another vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2026)

Faisal Khan and Another vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Criminal Case No. 357 of 2026 (arising out of Case Crime No. 149 of 2025, P.S. Mahila Thana, District Gonda) until the next date of listing; notice issued to opposite party no. 2; matter listed fresh on 28.05.2026 with liberty to file objections in the meantime. Final relief on the quashing petition not yet granted.

Issue for consideration

Whether the summoning order dated 21.01.2026, the chargesheet dated 05.11.2025 and the entire proceedings of Criminal Case No. 357 of 2026 (arising out of Case Crime No. 149 of 2025, P.S. Mahila Thana, District Gonda) ought to be quashed. +1 more

Court's answer

As an interim measure, until the next date of listing, the proceedings of Criminal Case No. 357 of 2026 arising out of Case Crime No. 149 of 2025 shall remain stayed.

Ratio / Principle

Notice to be issued to opposite party number 2.

Key takeaways

Case to be listed fresh on 28th May 2026 along with the service report, with objections to be filed in the meantime.ratio¶21

Detailed headnote1 paragraphs

Interim order dated 21 April 2026 of the High Court of Judicature at Allahabad, Lucknow Bench (Manish Mathur, J.), in Application U/S 528 BNSS No. 1549 of 2026 (described in the body as a petition under Section 482 Cr.P.C.) filed by Faisal Khan and another seeking quashing of the summoning order dated 21.01.2026, the chargesheet dated 05.11.2025, and the entire proceedings of Criminal Case No. 357 of 2026 arising out of Case Crime No. 149 of 2025 under section 351(3) B.N.S. and 3/4 D.P. Act, Police Station Mahila Thana, District Gonda. The FIR alleged that a proposed marriage failed on account of a demand of dowry by the applicants and their family members, who were also said to have criminally intimidated the complainant and his family. Counsel for the applicants claimed false implication following the breakdown of the marriage proposal and pointed to prospects of mediation; the learned Additional Government Advocate opposed the petition, submitting that accession to mediation lay with opposite party no. 2. The Court issued notice to opposite party no. 2, directed the case to be listed fresh on 28 May 2026 along with the service report, permitted objections in the meantime, and stayed further proceedings in the criminal case until the next date of listing. The quashing question itself remains undecided.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1549 of 2026

Faisal Khan And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Subhash Dwivedi	Pandey,	Akash	Tiwari,	Arpit
Counsel for Opposite Party(s)	: G.A.
Court No.- 12

HON'BLE MANISH MATHUR, J.

Heard learned counsel for applicant and learned Additional Government Advocate for opposite party number 1- State.

Issue notice to opposite party number 2.

Petition under Section 482 Cr.P.C. has been filed seeking following relief:-

" i. To quash the impugned summoning order dated 21.01.2026, Chargesheet dated 05.11.2025 in Criminal Case No. 357 of 2026 arising out of Case Crime No. 149 of 2025 under section 351(3) B.N.S., D.P. Act registered at Police Station Mahila Thana, District - Gonda, (contained as Annexure No. 1 & 2), in the interest of justice.

ii. To quash the entire criminal proceeding of Criminal Case No. 357 of 2026 arising out of Case Crime No. 149 of 2025 under section 351(3) B.N.S., 3/4 D.P. Act registered at Police Station Mahila Thana, District - Gonda, in the interest of justice."

As per contents of first information report, petitioner number one and his family members are said to have entered into a discussion regarding his marriage with daughter of complainant. Allegations levelled is that the marriage proposal could not succeed on account of demand of dowry by the petitioner and his family members who are also said to have criminally intimidated the complainant and his family members.

Learned counsel for applicant submits that he has been falsely implicated in the allegations levelled against them only on account of the fact that the proposal of marriage proposal could not be taken into its logical end. Learned counsel has denied any allegation with regard to the demand of

NA528 No. 1549 of 2026

2

dowry. It is further submitted that there are great chances of compromise between parties through mediation.

Learned Additional Government Advocate has opposed the petition but submits that aspect of mediation can be acceded to only by opposite party number two.

In view of the aforesaid, list this case on 28th May 2026 as fresh along with service report.

Objections to be filed in the meantime.

Till the next date of listing, proceedings of criminal case No. 357 of 2026 arising out of Case Crime No. 149 of 2025 under section 351(3) B.N.S., 3/4 D.P. Act registered at Police Station Mahila Thana, District - Gonda shall remain stayed.

April 21, 2026 prabhat

(Manish Mathur,J.)

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench