HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 8273 of 2023 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rakesh Dubey, learned counsel for the applicants, Sri Anil Srivastava, learned Senior Advocate assisted by Sri Prem Narayan Singh, learned counsel for the opposite party no.2 and Sri Birendra Pratap Singh, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicants Salman Khan, Smt. Gulshan Khan @ Smt. Gulsana, Irfan Khan and Nikhat Khan @ Nighat Khan, with the prayers to quash the charge sheet dated 17.10.2022 as well as summoning order dated 11.01.2023 and entire proceedings of Criminal Case No. 373 of 2023 (State Vs. Salman Khan and others) arising out of Case Crime No. 0465 of 2021, under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act and Section 3/4 of Muslim Women (Protection of Right on Marriage) Act, 2019, P.S. Kotwali, District Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application. 4. Perused the order dated 02.04.2026 passed by this Court which reads as under: "1. List revised. 2. Heard Sri Rakesh Dubey and Sri Shashi Chood Pandey, learned counsels for the applicants, Sri Prem Narayan Singh, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for State and perused the records. 3. Learned counsels for the applicants submits that although two rejoinder affidavits dated 14.10.2025 and 08.01.2026 have been filed in the present matter but the rejoinder affidavit dated 14.10.2025 is Versus Counsel for Applicant(s) : Aman Patel, Gaurav Gupta, Neeraj Singh Yadav, Rajesh Kumar Yadav, Rakesh Dubey, Ray Sahab Yadav, Saurabh Pandey, Shashi Chood Pandey Counsel for Opposite Party(s) : Abhinay Bhattacharya, Fakhruzzaman, G.A., Prem Narayan Singh, Saurabh Basu, Utkarsh Srivastava Salman Khan And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) having typographical errors and prays that the same be not considered and be dismissed as not pressed. 4. As prayed, the rejoinder affidavit dated 14.10.2025 is dismissed as not pressed. 5. Counter affidavit of the opposite party no.2 dated 21.07.2024 and supplementary counter affidavit dated 04.05.2025 are on record to which a rejoinder affidavit dated 08.01.2026 has been filed which is also on record. 6. The pleadings in the matter are thus complete and the matter is ripe for hearing. 7. The matter was referred to the Mediation Centre of this Court vide order dated 13.03.2023. As per the report dated 26.05.2023 of the Mediation & Conciliation Centre the mediation has completed but no agreement could be arrived between the parties and mediation thus has failed. 8. The matter is to be decided on merits. 9. Learned counsel for the opposite party no.2 submits that the matter is to be argued by Sri Anil Srivastava, learned Senior Advocate who is on his legs in another Court and prays for adjournment in the matter for three weeks. 10. Prayer is allowed. 11. Let the matter be listed on 27.04.2026. 12. Interim order, if any, shall remain in currency till the next date of listing. 5. The facts of the case are that a First Information Report dated 07.10.2021 was lodged by the opposite party no.2/Smt. Alisha Khan for offences under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act and Section 3/4 of Muslim Women (Protection of Right on Marriage) Act, 2019 against the applicants alleging therein that she was married to the applicant no.1/Salman Khan on 12.02.2018 in Lucknow. In the engagement, as per demand of the accused, her parents had done the marriage in Rs. 10 lakh. Her husband is a Lieutenant Commander in Naval Station, Mumbai. She was residing at her matrimonial house in Lucknow where there was a demand of Rs. 5 lakh from them. Her husband had brought her to Lucknow from Mumbai where the accused were torturing her. She gave birth to a child in Military Hospital, Lucknow who is aged about two years. When her parents made a complaint about her torturing and demand of dowry to Senior Officials of the Department an inquiry was initiated and just to save himself from the inquiry they were pressurized and the complaint was withdrawn. She was not kept properly. In April, 2021 she was with her husband in Mumbai where her husband was demanding Rs. 5 lakh and used to assault her. He used to gag her mouth to commit torturing her and he used to talk to other girls and show her their photographs. He used to tell that he was giving her Talaque and marry again and torture her in this manner also. She called her parents to Mumbai who consoled her husband but he did not A482 No. 8273 of 2023 2 improve. On 07.04.2021 her parents brought her back to Jhansi where her husband used to regularly threaten her on phone and no one came to take her back. Her parents called the accused to Jhansi on 28.07.2021 for talks but on the pretext of her father-in-law being ill he was not brought. The accused told them to get Talaque and they would not keep to her. Her husband insulted her in front of other people and stated of giving her Talaque and then went back. Even on stopping them, they did not stop. Their parents counselled them but they did not agree. On 26.08.2021 her father-in-law died and on getting information she with her parents went to the ancestral house in her matrimonial house during the last rites which was to be performed. She went to Kanpur where also she was tortured and the accused demanded Rs. 5 lakh from her and stated that only then they would keep her or else Talaque has already been given. The accused are adamant for dowry of Rs. 5 lakh. She has a child of two years. She gave application on 15.09.2021 at the Mahila Thana where the parties were called but the accused did not come. Report be lodged and action be taken. 6. The victim was medically examined on 12.10.2020 at 11:45 pm at District Hospital Jhansi. She was found to have received the following injuries: (i) Two linear abrasion of 5.0cm and 5.2cm long (Red in cl) +nt on (Lt.) arm (Ant), 8.0cm above from (Lt.) elbow joint. (ii) Multiple linear abrasion of various size of from 0.5cm to 1.5cm long and reddish brown scab +nt on middle 1/3rd of Rt. arm (Anterolaterally). (iii) Abrasion of 4.0cm x 1.5cm (Red in cl) middle 1/3rd of (Lt.) thigh (Anterolaterally) (iv) Three abrasion of size 6.0cm, 4.0cm and 3.5cm long (Red in cl) +nt on upper 1/3rd of (Lt.) leg (Anteromedially). (v) Abrasion of 15.0cm x 0.5cm and 12.0cm x 0.5cm (Red in cl) +nt two upper back." The doctor opined the injuries to be simple in nature and with regards to the duration of injuries, the opinion was that they were fresh except injury no.2 which is about 2-3 days old. All the injuries were opined to be caused by friction. 7. The investigation in the matter concluded and a charge sheet dated 17.10.2022 was submitted against the applicants for offences under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act. The Chief Judicial Magistrate, Jhansi vide order dated 11.01.2023 took cognizance upon the same and summoned the applicants for offences under Sections 498-A, 323, 506 IPC and 3/4 D.P. Act. A482 No. 8273 of 2023 3 8. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. It is submitted that the applicant no.1/Salman is the husband, applicant no.2/Smt. Gulshan Khan @ Smt. Gulsana is the mother-in-law, applicant no.3/Irfan Khan is the jeth and applicant no.4/Nikhat Khan @ Nighat Khan is the jethani of the opposite party no.2/Smt. Alisha. It is submitted that in so far as the alleged injuries are concerned, the same do not in any manner correspond to the allegations in the FIR inasmuch as the injuries were examined on 12.10.2020 and were opined to be fresh whereas there is no allegation of the victim as per the FIR of being assaulted during the said period. It is submitted that in so far as the FIR is concerned, the allegations are vague and omnibus. It is further submitted that the story as disclosed in the FIR is improbable as on 26.08.2021 at the time of the last rites of her father- in-law no family member would demand dowry at that point of time. It is further submitted that further the story of calling of the parties on 28.07.2021 and the applicant no.1 insulting the opposite party no.2 is also false and incorrect. It is further submitted that the allegations in so far as the applicants is concerned, is totally concocted and is general and omnibus in nature. It is submitted that the applicants have no criminal history as stated in para 87 of the affidavit. 9. Per contra, learned counsel for the opposite party no.2 opposed the prayer for quashing and the arguments of learned counsel for the applicants and submitted that the applicants are named in the FIR and there are serious allegations against them. While placing annexure 6 to the counter affidavit dated 21.07.2024 it is submitted that the first informant received injuries and the photographs as annexed which would go to show that she was tortured and assaulted. Further while placing annexure CA-7 and CA-8 to the said counter affidavit it is submitted that there were telephonic conversion and whatsapp message between the applicant and the opposite party no.2 which would go to show that there had been continuous ill treatment and torture of the first informant. It is submitted while placing annexure CA-9 to the said affidavit that petition for divorce under Section 27(9) of the Special Marriage Act has been dismissed by the Family Court vide judgment and order dated 29.09.2023 passed by the Additional Principal Judge, Family Court, Jhansi. It is submitted that the demand of dowry is continuing offence and in the present matter there has been regular demand of dowry by the accused. It is submitted that the present petition is devoid of any merit and be dismissed. 10. Learned counsel for the State also adopted the arguments of learned counsel for the first informant and further supplemented that the investigation in the matter concluded and charge sheet has been submitted on which the court concerned has taken cognizance. The present petition be thus dismissed. 11. After having heard learned counsels for the parties and perusing the records, it is evident that the present case stems out from the marriage of A482 No. 8273 of 2023 4 the applicant no.1/husband with opposite party no.2/wife. The FIR in the matter states of demand of dowry by the applicant no.1 and then the other applicants. It further states of cruelty and torturing by the applicant no.1 at various instances. The victim has also received injuries which was medically examined. In so far as the facturm of injuries and their veracity is concerned, the same is a matter of trial. The allegations in so far as the applicant nos. 2 to 4 are concerned, the same are general and omnibus. The implication of family members of husband in matrimonial disputes is very prevalent and common. It has been considered by the Apex Court in the cases of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others : (2022) 6 SCC 599, Payal Sharma Vs. State of Punjab : AIR OnLine 2024 SC 792, Dara Lakshmi Narayan and others vs. State of Telangana: 2024 SCC OnLine SC 3682, Preeti Gupta and another vs. State of Jharkhand: (2010) 7 SCC 667 and Geddam Jhansi vs. The State of Telangana: 2025 INSC 160. No explanation whatsoever has been given regarding the delay in lodging of the present FIR. 12. From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the proceedings as well as cognizance/summoning order as prayed for by the applicant nos. 2 to 4. 13. Looking to the facts and circumstances of the case, the application with regards to the applicant no.1/Salman Khan/husband is concerned, stands dismissed. 14. In so far as the other applicants being applicant no.2/Smt. Gulshan Khan @ Smt. Gulsana, applicant no.3/Irfan Khan and applicant no.4/Nikhat Khan @ Nighat Khan are concerned, stands allowed. 15. The entire proceedings, charge sheet dated 17.10.2022 as well as summoning order dated 11.01.2023 of the aforesaid case are hereby quashed with regards to the applicant no.2/Smt. Gulshan Khan @ Smt. Gulsana, applicant no.3/Irfan Khan and applicant no.4/Nikhat Khan @ Nighat Khan only. 16. Interim order, if any, stands vacated. 17. The trial court is directed to proceed expeditiously for the applicant no.1/Salman Khan without granting undue adjournment to either of the parties. 18. Pending application(s), if any, stand disposed of. April 27, 2026 M. ARIF A482 No. 8273 of 2023 5 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad