Court No. - 13
Case :- APPLICATION U/S 482 No. - 8781 of 2024
Applicant :- Dinesh Kumar And Others
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home
Deptt. Lko. And Another
Counsel for Applicant :- Ankur Srivastav
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Lavania,J.
Heard learned counsel for the applicants, learned AGA for the
State of U.P. and perused the record.
The present application has been filed by the applicants to
quash/set-aside the entire proceedings of Criminal Case No.
4143/2023 (State vs. Dinesh Kumar and others) arising out of
impugned charge sheet No. 459/2022 dated 28.12.2022 filed by
Investigating Officer concerned in Case Crime No. 0374/2022,
under Sections- 498-A, 452, 323, 506 IPC and Section 3/4 D.P.
Act, Police Station- Safipur, District- Unnao as well as
cognizance/summoning order dated 18.09.2023 passed by Civil
Judge (Junior Division)/F.T.C., Unnao and further to stay the
entire proceedings initiated in pursuance of said criminal case.
As per the case of prosecution, the marriage between opposite
party No. 2/Sumsum and applicant No. 1/Dinesh Kumar was
solemnized on 29.05.2021 and thereafter, on account of
matrimonial dispute/discord, the FIR in issue has been lodged
by the opposite party No. 2 implicating entire family members
of the applicant No. 1.
Considering the aforesaid, this Court is not inclined to grant any
relief to applicant No. 1. Accordingly, in relation to applicant
No. 1, the present application is hereby dismissed.
So far as the applicant Nos. 2 to 5 are concerned, prima facie,
this Court finds that their case is covered by the
judgment(s)/pronouncement(s) of the Hon'ble Apex Court
rendered in the case of Geeta Mehrotra and others vs. State of
U.P. and others reported in (2012) 10 SCC 741, Kahkashan
Kausar v. State of Bihar reported in (2022) 6 SCC 599 and
Achin Gupta vs. State of Haryana and another reported in
2024 SCC OnLine SC 759, as such, this Court is of the view
that the matter requires consideration so far as the applicant
Nos. 2 to 5 are concerned.
Accordingly, issue notice to the opposite party No. 2. Steps in
this regard be taken within seven working days.
List/put up this application after service alongwith report in this
regard.
Till the next date of listing, the proceedings, in issue, shall
remain stayed so far as the applicant Nos. 2 to 5 are concerned.
The trial court/authority concerned shall proceed against the
applicant No. 1 as per the manner prescribed under the law.
In case, the steps are not taken within the time specified for this
purpose, then the benefit of interim protection would not be
available to the applicant Nos. 2 to 5.
Order Date :- 30.9.2024
Arun/-
Digitally signed by :-
ARUN KUMAR GANGWAR
High Court of Judicature at Allahabad,
Lucknow Bench