LUXMI CHAUDHARI ALIAS VIJAY LUXMI CHAUDHARI v. STATE OF U.P. AND ANOTHER
A482/3740/2025 · 2025-05-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15341 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15341 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71460 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3740 of 2025 Applicant :- Luxmi Chaudhari Alias Vijay Luxmi Chaudhari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Chandra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Satish Chandra Singh, learned counsel for the applicant and Sri Uday Bhan, learned A.G.A. for the State.
2. The instant application has been filed to quash the summoning
order dated 26.6.2024, charge sheet being case crime No. 39 of 2023, under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Dhebarua, District Siddharth Nagar and stay the entire proceeding of Criminal Case No. 5961 of 2024 (State v. Jeet Bahadur Chaudhari and others).
3. Contention of learned counsel for the applicant is that the applicant is mother-in-law of the deceased and she has been falsely implicated because the deceased died by consuming poisonous chemical.
4. However, learned A.G.A. opposed the prayer and submitted that there are sufficient material in the case diary which shows that either the deceased committed suicide or she was forcibly administered the poison by the applicant. Therefore, no case for interference is made out.
5. Considering the submissions of learned counsel for the parties and on perusal of the record, it appears that there is sufficient material on record, showing that soon before the death of the deceased, she was subjected to cruelty for demand of dowry and she died in unnatural circumstances within seven years of her marriage, therefore, prima facie case for trial is made out.
6. In view of the above, this Court does not find any illegality in the impugned proceeding. Accordingly, the application is dismissed.
Order Date :- 5.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad