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2025 DAILYLAW 20235 (ALL)

MAHESH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6223/2025 · 2025-04-28

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65984 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6223 of 2025 Applicant :- Mahesh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Gyan Prakash Mishra, learned counsel for the applicant, Sri Uday Bhan, learned A.G.A for the State and perused the record. 2. The present application has been filed for quashing the cognizance order dated 17.09.2024 passed by the Chief Judicial Magistrate, Bulandshahr as well as the entire proceedings of Case No.17815 of 2024, arising out of Case Crime No.842 of 2023, under Sections 498A, 306 IPC and 3/4 D.P. Act, Police Station Khurja Nagar, District Bulandshahr. 3. Contention of learned counsel for the applicants is that on the basis of general and vague allegation all the applicants have been falsely implicated in the impugned proceeding. 4. However, learned AGA for the State opposed the prayer and submitted that from bare perusal of the FIR as well as statement of first informant, it is clear that the applicants have committed cruelty with the deceased and on earlier occasion, there was a compromise with the help of other villagers and victim returned to in-laws house. Thereafter cruelty remain continued and finally deceased committed suicide. There are specific allegation against the applicants and they have continuously harassed and committed cruelty to deceased, which resulted into suicide. 5. Considering the submission of learned counsel for the parties and perusal of record, it appears that prima facie cognizable offence is made out against the applicants and it is fit case for trial. The defence raised by the applicants can be considered at the time of trial but the impugned proceeding cannot be quashed at this stage. 6. In view of above, this Court does not find any good ground to interfere in the matter. Accordingly, the present application is dismissed. Order Date :- 29.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad