Maya Ram and 4 Others vs State of U.P. Thru. Its Prin… — Dowry and Cruelty | Allahabad HC (2026)

Maya Ram and 4 Others vs State of U.P. Thru. Its Prin… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only (matter not finally disposed): till the next date of listing, proceedings in Case Crime No.137/2025, the impugned summoning order dated 27.9.2025 and the impugned charge-sheet remain stayed; notice ordered to respondent no.2; objections to be filed meanwhile; case listed fresh on 21.05.2026 alongwith service report.

Issue for consideration

Whether the impugned summoning order dated 27.9.2025 and the impugned charge-sheet in Case Crime No.137/2025 should be quashed. +2 more

Court's answer

Interim stay till the next date of listing: the proceedings in Case Crime No.137/2025, the impugned summoning order dated 27.9.2025 and the impugned charge-sheet remain stayed.

Ratio / Principle

Prima facie, the Geeta Mehrotra judgment may be applicable to the applicants, who are family members of respondent no.2's husband, and would require consideration; on this provisional view the matter was adjourned with interim protection, final determination being left open.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Lucknow Bench), Manish Mathur, J. — Interim order in APPLICATION U/S 528 BNSS No. 1563 of 2026, Maya Ram And 4 Others v. State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another (April 21, 2026). Applicants, family members of the husband (Ashit Kumar, son of applicant no.1), sought quashing of the summoning order dated 27.9.2025 and the charge-sheet in Case Crime No.137/2025 (Ss.498-A, 323, 504, 506 IPC, now Ss.85, 115(2), 352, 351(3) BNS & D.P.Act), Police Station Asoha, District Unnao, arising out of a marriage of 02.03.2025 and allegations of continued harassment for additional dowry, a criminal assault on 16.04.2025 and the wife being turned out of the house. Counsel relied on Geeta Mehrotra & Anr. v. State of U.P. & Anr., (2012)10 SCC 741, submitting that proceedings need not go on against all family members of the husband and that compromise was possible; learned AGA opposed but conceded compromise could be acceded to only by respondent no.2. The Court recorded a prima facie view that Geeta Mehrotra may be applicable and would require consideration, ordered notice to respondent no.2, permitted objections in the meantime, listed the matter fresh on 21.05.2026 with service report, and stayed the proceedings in the case crime, the summoning order and the charge-sheet till the next date of listing. No final adjudication on merits was made.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1563 of 2026

Maya Ram And 4 Others

.....Applicant(s)

Versus

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

Counsel for Applicant(s) : Prem Chandra Chauhan Counsel for Opposite Party(s) : G.A.

Court No. - 12

HON'BLE MANISH MATHUR, J.

Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of respondent no.1State.

1A. Issue notice to respondent no.2.

Application under Section 482 Cr.P.C./ Section 528 B.N.S.S. has been filed seeking following main relief:

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned summoning order dated 27.9.2025 as well as impugned charge-sheet on which basis the learned Civil Judge (J.D.) F.T.C. (CAW), has summoned to the petitioners in Case crime No.137/2025, U/s 498-A, 323, 504,506 I.P.C. Now U/s 85,115(2), 352, 351(3) of B.N.S. & % D.P.Act Police Station Asoha, District Unnao, contained as Annexure No.1& 2 to this petition."

As per contents of FIR, marriage is said to have taken place between respondent no.2 and Ashit Kumar son of applicant no.1(Maya Ram) on 02.03.2025 as per Hindu customs. Allegation levelled is that despite dowry demand being fulfilled, respondent no.2 was continuously harassed with regard to additional demand of dowry and criminal assault is also said to have taken place on 16.04.2025 whereafter she was turned out of the house.

NA528 No. 1563 of 2026

2

Learned counsel for applicants submits that they have been falsely implicated in allegation levelled against them and that FIR is a direct result of matrimonial discord between respondent no.2 and her husband.

Learned counsel has placed reliance on judgment rendered by Hon'ble the Supreme Court in the case of Geeta Mehrotra & Anr. versus State of Uttar Pradesh & Anr. reported in (2012)10 SCC 741 to submit that proceedings are not required to go on against all the family members of her husband. It is also submitted that there are chances of compromise between the parties.

Learned AGA has opposed the application but submits that the aspect of compromise can be acceded to only by respondent no.2.

Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that applicants are family members of the husband of respondent no.2 and allegation of dowry demand has levelled against them but prima facie the judgment rendered in the case of Geeta Mehrotra (supra) may be applicable and would require consideration.

In view thereof, list this case on 21.05.2026, as fresh alongwith service report.

Objections to be filed in the meantime.

Till the next date of listing, proceedings inCase crime No.137/2025, U/s 498-A, 323, 504,506 I.P.C. Now U/s 85,115(2), 352, 351(3) of B.N.S. & % D.P.Act Police Station Asoha, District Unnao and impugned summoning order dated 27.9.2025 as well as impugned charge-sheet remain stayed.

(Manish Mathur,J.)

April 21, 2026 Subodh/-

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