Sajida @ Sajida Khatoon and Another vs State of U.P… — Dowry and Cruelty | Allahabad HC (2026)

Sajida @ Sajida Khatoon and Another vs State of U.P… — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Application entertained; notice issued to opposite party no.2 returnable at an early date, steps within one week; three weeks granted to the opposite parties to file counter affidavit and one week thereafter for rejoinder affidavit; till the next date of listing, the proceedings initiated in pursuance of the impugned charge sheet dated 19.10.2024 (Charge Sheet No.01) arising out of Case Crime No.39/2024 and the cognizance/summoning order dated 17.5.2025 shall remain stayed so far as the present applicants are concerned.

Issue for consideration

Whether the impugned charge sheet dated 19.10.2024 (Charge Sheet No.01, Case Crime No.39/2024) and the cognizance/summoning order dated 17.5.2025 passed in Criminal Case No.2538/2025 are liable to be quashed insofar as the applicants are concerned. +1 more

Court's answer

As an interim measure, till the next date of listing, the proceedings initiated pursuant to the impugned charge sheet dated 19.10.2024 (Charge Sheet No.01) and the cognizance/summoning order dated 17.5.2025 shall remain stayed so far as the present applicants are concerned.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Coram: Shree Prakash Singh, J., by order dated 15.05.2026 in Application U/S 528 BNSS No. 1958 of 2026 (Sajida @ Sajida Khatoon and Another v. State of U.P. and Another), entertained a quashing application under section 482 Cr.P.C. seeking quashal of the charge sheet dated 19.10.2024 (Charge Sheet No.01) arising out of Case Crime No.39/2024 under Sections 85, 115(2), 352, 351(3) BNS (old corresponding sections 498-A, 323, 504, 506 IPC), section 3/4 Dowry Prohibition Act and section 3/4 The Muslim Women (Protection of Right on Marriage) Act, 2019, together with the cognizance/summoning order dated 17.5.2025 passed by the learned Judicial Magistrate, Shrawasti in Criminal Case No.2538/2025 (State Versus Mohd.Farman Khan and Others). The applicants, stated by counsel to be in-laws of the victim, alleged false implication without specific allegations of cruelty or dowry demand, placing reliance on Geeta Mehrotra Vs State of U.P. and Others, 2012(10) ADJ 464 and Kahkashan Kausar alias Sonam and Others Vs State of Bihar and Others, (2022) 6 SCC 599. The court held the matter required consideration, issued notice to opposite party no.2 (counter affidavit within three weeks; rejoinder one week thereafter) and, as an interim measure, stayed further proceedings pursuant to the charge sheet and the summoning order qua the applicants until the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 528 BNSS No. - 1958 of 2026

Sajida @ Sajida Khatoon And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Santosh Kumar Dwivedi 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 impugned charge sheet dated 19.10.2024 (Charge Sheet No.01) arising out of Case Crime No.39/2024, Under Sections: 85, 115(2), 352, 351(3) BNS (old corresponding sections 498-A, 323, 504, 506 IPC) & section 3/4 Dowry Prohibition Act and section 3/4 The Muslim Women (Protection of Right on Marriage) Act, 2019 as well as cognizance/summoning order dated 17.5.2025 passed by the learned Judicial Magistrate-Shrawasti in Criminal Case No.2538/2025 (State Versus Mohd.Farman Khan & Others).

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

NA528 No. 1958 of 2026

2

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 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.

10. List thereafter.

Till the next date of listing, the proceedings initiated in pursuance of impugned charge sheet dated 19.10.2024 (Charge Sheet No.01) arising out of Case Crime No.39/2024, Under Sections: 85, 115(2), 352, 351(3) BNS (old corresponding sections 498-A, 323, 504, 506 IPC) & section 3/4 Dowry Prohibition Act and section 3/4 The Muslim Women (Protection of Right on Marriage) Act, 2019 as well as cognizance/summoning order dated 17.5.2025 passed by the learned Judicial Magistrate-Shrawasti in Criminal Case No.2538/2025 (State Versus Mohd.Farman Khan & Others) shall remain stayed so far as the present applicants are concerned.

(Shree Prakash Singh,J.)

May 15, 2026

V. Sinha

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