ADARSH PREM MAURYA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/39464/2025 · 2025-10-12
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 104413 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 104413 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39464 of 2025 Court No. - 79 (SL No.21) HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Niraj Kumar, learned counsel for the applicants and Sri Uma Datt Shukla, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 23.11.2024 as well as impugned cognizance/summoning order dated 25.07.2025 passed in Criminal Case No. 201 of 2025 (State vs. Adarsh Prem Maurya and Others), arising out of Case Crime No. 53 of 2024 u/S 498-A, 323, 504, 506, 406 I.P.C. and 3/4 of the D.P. Act, P.S.- Mahila Thana, District- Prayagraj, pending in the court of learned Civil Judge (Jr. Division), Room No.21, Prayagraj. 3. Learned counsel of the applicants submits that applicant no.2 is living separately at Varanasi and all the incidents, which have been narrated are of Gurgaon, where the applicant no.1 and the opposite party no.2 were living separately. All the allegations are false against the applicants and they have been falsely implicated due to the matrimonial discord between the applicant no.1 and the opposite party no.2. Therefore, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case. 4. Per contra learned counsel for the State submits that in the F.I.R. specific allegations have been made against both the applicants herein. Applicant no.1 is the husband and the applicant no.2 is the mother-in-law of the opposite party no.2. Clear and categorical allegations have been made in the F.I.R., which has also been separately supported in the 161 Cr.P.C. statement by the opposite party no.2. Having found the allegations as true, the charge-sheet has been filed on which the cognizance has been taken by the trial court. Versus Counsel for Applicant(s) : Niraj Kumar, Rajesh Dutta Pandey Counsel for Opposite Party(s) : G.A. Adarsh Prem Maurya And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. It is further stated by learned counsel for the State that earlier the applicants had filed a Criminal Miscellaneous Writ Petition No. 19460 of 2024 (Adarsh Prem Maurya and 2 Others vs. State of U.P. and 3 Others), where the matter was referred to the mediation center vide order dated 25.11.2024.
However, on query made by the court from learned counsel for the applicants, he states that no amount, as per direction of the order dated 25.11.2024 in the writ petition has been deposited, therefore, the mediation proceedings could not be initiated. 6. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the allegations as made in the F.I.R., clear and categorical allegations have been made for demand of dowry as well as torture by the applicants herein, specific role has been assigned to both the applicants herein. Otherwise also, the previous writ petition being being Criminal Miscellaneous Writ No. 19460 of 2024 filed by the applicants herein is still pending for the same cause of action. 7. In view thereof, this Court do not find any good reason to entertain the instant application and accordingly the same is dismissed. October 13, 2025 Shubham Arya NA528 No. 39464 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad