VIPENDRA SINGH CHAUHAN AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/3609/2022 · 2025-07-30
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137446 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44246 Court No. - 15 Case :- APPLICATION U/S 482 No. - 3609 of 2022 Applicant :- Vipendra Singh Chauhan And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Amitesh Pratap Singh,Laxmi Narayan Gupta,Nagendra Pratap Singh,Neetu Bhardwaj Counsel for Opposite Party :- G.A.,Ajeet Kumar Mishra,Sushil Kumar Singh,Utkarsh Kumar Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Amitesh Pratap Singh, the learned counsel for the applicants, Smt. Kamlesh Kumari, the learned A.G.A. and Sri Vishal Tripathi, Advocate holding brief of Sri Utkarsh Kumar, the learned counsel for the opposite party No.2. 2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 29.12.2021, the summoning order dated 24.03.2022 passed by the Court of Chief Judicial Magistrate, Lucknow in Case No.20701 of 2022 arising out of Case Crime No.547 of 2021, under Sections 498-A, 504, 506, 494 I.P.C. and Section 3/4 of D.P. Act relating to Police Station- Gomti Nagar, District- Lucknow. 3. The aforesaid case was instituted on the basis of an FIR lodged by the opposite party No.2 on 14.08.2021 against five persons, including the applicant and one Charu Garhwal stating that the opposite party No.2 had got married to the applicant No.1 on 04.02.2016. Her father had given Rs.15 Laksh towards dowry but her husband and father-in-law and mother-in-law used to ill-treat her for demanding dowry and they were demanding Rs.5 Lakhs and a Car. In December 2020, the opposite party No.2 had filed a suit under Section 9 of the Hindu Marriage Act in Family Court, Orai. Later on, she came to know that during subsistence of her marriage with the applicant No.1, the later has married co-accused Charu Garhwal on 08.07.2019 and Charu Garhwal has a daughter due to her relations with the applicant No.1. 4. After investigation, the Investigating Officer has submitted a charge-sheet dated 29.12.2021 against the applicants for
commission of offence under Sections 498-A, 504, 506, 494 I.P.C. and Section 3/4 of D.P. Act and the trial court has taken cognizance of the offence on 24.03.2022. 5. Having gone though the averments made in the FIR, it appears that the FIR discloses commission of cognizable offences.
Although the applicants have challenged the validity of the charge-sheet and the summoning order, the material collected during investigation has not been annexed with the application u/S 482 Cr.P.C. from which a presumption may be drawn that the material would be unfavourable to the applicants and it would support the prosecution case as set-up in the FIR. 6. The aforesaid facts indicate that the Investigating Officer has not committed any error or illegality in submitting the charge- sheet or the trial court has also not committed any error or illegality in taking cognizance of the offence. 7. There is no ground for quashing of the charge-sheet and the proceedings in the aforesaid case. 8. The application lacks merit and the same is hereby dismissed. 9. Interim order granted earlier stands vacated. . (Subhash Vidyarthi,J.) Order Date :- 30.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench