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2025 DAILYLAW 160320 (ALL)

MOHAMMAD AZAZ @ AMIT SINGH @ MOHD. EJAJ AND ANOTHER v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/7104/2025 · 2025-09-08

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7104 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. The applicant no. 1 was chargesheeted under Section 376, 419, 420, 467, 468, 471, 406, 385, 342, 506, 120B I.P.C. and Section 67A I.T. Act and Section 3(2)(V) of SC/ST Act arising out of Crime No. 248/2018 Police Station Bakshi Ka Talab, District Lucknow. The applicant no. 2 was chargesheed under Section 504 I.P.C. and Section 3(2)(Va) of SC/ST arising out of Crime No. 248/2018 Police Station Bakshi Ka Talab, District Lucknow. The cognizance of the said offence was taken by the learned trial court by order dated 26.11.2021. Heard Shri Mohd. Agha Haider Rizvi, learned counsel for the applicant no. 1 and 2 and Shri Ali Moid, learned counsel for the opposite party no. 2 and learned AGA for the State. The applicant no. 1 who is the husband of the complainant and the complainant-wife are present in Court. They have been identified by their respective counsels in the Court. Shri Mohd. Agha Haider Rizvi, learned counsel for the applicants contends that the proceedings arise out of a matrimonial dispute. False and aggravated assertions have been made in the F.I.R. against the applicants at the instigation of Versus Counsel for Applicant(s) : Atul Verma, Akhilendra Pratap Singh, Mohd Agha Haider Rizvi, Vinod Kumar Yadav Counsel for Opposite Party(s) : G.A. Mohammad Azaz @ Amit Singh @ Mohd. Ejaj And Another .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) interested parties. The victim in her testimony before the trial court has categorically testified that she has got married to the applicant no. 1 of her own free will and that she is leading a happy married life with her husband. The victim has also deposed that the applicant no. 1 had disclosed all relevant facts relating to his identity and did not conceal or make any false representation to induce her to marry him. The applicant no. 1 and the opposite party no. 2 who are present in Court submit that they are living together amicably as husband and wife. Similarly the victim in her deposition before the trial court has stated that the applicant no. 2 Taj Mohammad did not abuse by her cast or humiliate her on that count. In these circumstances permitting the criminal proceedings to continue will not only cause unnecessary harassment to the parties, but would also entail waste of precious time and resources of the Court. In view of the aforesaid the entire proceedings of S.T. No. 2003/2021arising out of Crime No. 248/2018 under Section 376, 419, 420, 467, 468, 471, 406, 385, 504, 342, 506, 120B I.P.C. and Section 67A I.T. Act and Section 3(2)(V), 3(2)(Va) of SC/ST Act, Police Station Bakshi Ka Talab, District Lucknow, impugned chargesheet and cognizance order dated 26.11.2021 and order dated 30.11.2024 only insofar as the applicants are concerned are quashed. The Application U/S 482 is allowed. September 8, 2025 Dhananjai A482 No. 7104 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench