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2025 DAILYLAW 105925 (ALL)

DIPALI GUPTA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/39767/2024 · 2025-07-09

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110435 Court No. - 72 Case :- APPLICATION U/S 482 No. - 39767 of 2024 Applicant :- Dipali Gupta And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pawankumar Dubey Counsel for Opposite Party :- G.A.,Neelabh Srivastava Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 20.06.2024, cognizance/summoning order dated 17.09.2024 passed by the Chief Judicial Magistrate, Shahjahanpur as well as entire proceedings of Case No.561069 of 2024 (State vs.Dipali Gupta and others) arising out of Case Crime No.337 of 2024, under sections 323, 504, 506 I.P.C., Police Station Sarda Bazar, District Shahjahanpur, pending in the court of Chief Judicial Magistrate, Shahjahanpur. 3. Learned counsel for the applicants submits that the applicant no.1 (Dipali Gupta) is wife of Pankaj Gupta, who is son of opposite party no.2 (Neeraj Gupta). Applicant no.2 is real brother of the applicant no.1 and Opposite party no.2 is father-in-law of applicant no.1. Learned counsel for the applicants states that he has not press the application on behalf of applicant no.3 (Rakesh Chandra Gupta) as Investigating Officer has not submitted charge-sheet against the applicant no.3 and court has not taken cognizance. Learned counsel for the applicants submits that the dispute between the applicants and opposite party no.2 in regard to matrimonial dispute as applicant no.3 has already lodged FIR against opposite party no.2 and his family members under sections 498A, 323, 506 I.P.C. & 3/4 Dowry Prohibition Act and same is pending. He next submits that the applicants have applied for bail and they have enlarged on bail. 4. Per contra, learned AGA and learned counsel for the informant opposed the submission of applicants' counsel and submitted that the submission raised by learned counsel for the applicants are not supported by any evidence. 5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicants is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below within three weeks from today, the court below shall decide their application in accordance with law, expeditiously, preferably within a period of eight weeks from the date of filing of discharge application. 7. For the period of three weeks, no coercive measure shall be adopted against the applicants. 8. With the above directions, this 482 application is disposed of. Order Date :- 10.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad