Siraj v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Allahabad HC15 May 2026NA528/1959/2026

Case brief

AI extract

What is this about?

Application to quash a charge sheet under BNS, Dowry Prohibition Act and Muslim Women (Protection of Rights on Marriage) Act provisions arising from matrimonial cruelty allegations. Court issued notice, allowed counter affidavits, and stayed proceedings against the applicant until the next listing.

What did the court decide?

Interim stay of proceedings under the impugned charge sheet and summoning order so far as the applicant is concerned.

Siraj vs State of U.P. Thru. Prin. Secy. Deptt. Home… — Dowry and Cruelty | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1959 of 2026

Siraj

.....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.

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Court No. - 16

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HON'BLE SHREE PRAKASH SINGH, J.

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

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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).

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Learned counsel appearing for the applicant submits that the applicant is the brother in-law of the victim and he has falsely been implicated in the instant matter. He next added that there is no specific allegation against the present applicant for committing cruelty or demand of dowry and due to anonymity, the names of the present applicant has 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

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NA528 No. 1959 of 2026

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Sonam and Others Vs State of Bihar and Others, reported in (2022) 6 SCC 599 and submits that the case of the present applicant is squarely covered with the ratio of Judgment aforesaid. Thus, submission is that the criminal proceedings against the applicant may be quashed.

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

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Matter requires consideration.

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

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Steps be taken within one week.

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

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

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10. List thereafter.

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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 applicant is concerned.

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(Shree Prakash Singh,J.)

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May 15, 2026

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V. Sinha

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

Siraj v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

Case brief

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Siraj v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and Another

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