Neutral Citation No. - 2025:AHC:8390 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 12547 of 2024 Petitioner :- Akhilesh Srivastava And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Jayendra Kumar Mishra Counsel for Respondent :- G.A.,Raghubir Singh Hon'ble Saurabh Srivastava,J. 1. Heard Sri Jayendra Kumar Mishra, learned counsel for petitioners and Sri Raghubir Singh, learned counsel for respondent no. 2 and learned AGA for the State. 2. The instant petition has been preferred with the following prayer:- "to issue an order or direction to set aside the impugned order dated 18.07.2023 passed by learned Chief Judicial Magistrate (Annexure no. 8) as case crime no. 523 of 2021 u/s 498A, 323, 504, 506 IPC, 3/4 D.P. Act, Police Station Sikandara, District Agra, as case no. 8013 of 2022 (State vs. Anshul Srivastava and others) and order dated 26.07.2024 passed by Additional Session Judge Court no. 8, Agra in Criminal Revision no. 602 of 2023, Akhilesh Srivastava and another vs. State of U.P. and another." 3. It is the case of the petitioners that marriage of respondent no. 2 was solemnized with son of petitioners namely Anshul Srivastava. On dated 15.08.2021 a FIR was lodged by respondent no. 2 against the petitioners and five other co-accused which was registered as Case Crime no. 523 of 2021 under sections 498A, 323, 504, 506, 377, 307 IPC, 3/4 D.P.Act, Police Station Sikandara, District Agra alleging therein that petitioners were demanding additional dowry from respondent no. 2 and after beating her they kicked her out of their house. Rest of the story would be evident from perusal of copy of FIR appended as annexure no. 1 to the petition. 4. After investigation, the Investigating Officer submitted charge sheet against the petitioners whereupon, learned court concerned took cognizance and summoned the petitioners vide order dated 08.07.2022. Against the charge sheet and summoning order, petitioners approached this Court by way of filing Application u/s 482 no. 24583 of 2022 wherein co-ordinate Bench of this Court directed petitioners vide order dated 05.01.2023 to prefer discharge application before the court concerned. 5. In pursuance to order dated 05.01.2023, petitioners filed a discharge application before the court concerned but the same was rejected vide order dated 18.07.2023 passed by learned Chief Judicial Magistrate, Agra. Being aggrieved with order dated 18.07.2023, petitioners preferred criminal revision before the court concerned, but the same was also dismissed vide order dated 26.07.2024 passed by learned Additional Session Judge, Court no. 8, Agra which has been challenged through the instant petition. 6. Learned counsel for the petitioners challenged the impugned orders on several other grounds inter alia on the ground that the alleged incident took place from 19.11.2018 to 13.12.2019 but the FIR was lodged by respondent no. 2 on dated 15.08.2021 without any explanation of delay. In the FIR only general allegation has been raised against the petitioners. 7. Sri Raghubir Singh, learned counsel for respondent no. 2 and learned AGA for the State vehemently opposed the prayer sought through the instant petition and supported the orders impugned. 8. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, it is apparent that in the allegation narrated in the FIR whereupon the charge sheet has been preferred after conduction of thorough investigation by concerned Investigating Officer, the gravity of the crime indicated against the husband is of serious in nature and implication of other family members in shape of father-in-law and mother-in-law by the complainant is only for the purpose to drag all the family members into unwarranted criminal litigation and this fact has been reiterated by Hon'ble Apex Court in several judgments such as in case of Kahkashan Kausar @ Sonam and ors. vs. State of Bihar and others [(2022) 6 Supreme Court Cases 599]. 9. In view of the aforesaid facts and circumstances, impugned orders dated 18.07.2023 passed by learned Chief Judicial Magistrate, Agra and order dated 26.07.2024 passed by Additional Session Judge Court no. 8, Agra in Criminal Revision no. 602 of 2023 (Akhilesh Srivastava and another vs. State of U.P. and another) are hereby set aside only in respect of petitioners herein namely Akhilesh Srivastava and Smt. Meena Srivastava. Matter is remitted back to learned court of Chief Judicial Magistrate, Agra/concerned court for deciding afresh over the discharge application only in respect of petitioners herein. 10. The instant petition stands allowed accordingly. Order Date :- 16.1.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad