ASHUTOSH YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/10341/2025 · 2025-12-10
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 203214 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 203214 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10341 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard Sri Baljeet Singh, the learned counsel for the applicants and Sri Badrul Hasan, the learned AGA for the State of U.P. as well as perused the record.
2. The instant application has been preferred seeking following main relief(s):-
"The petitioner above named most respectfully begs to submit that for the
facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the summoning order dated 09.01.2019 (Annexure No. 1), passed by the Special Additional Chief Judicial Magistrate (CBI) Ayoudhya Prakran, Lucknow in Case No. 183/2019 "State Vs. Mahaveer Yadav and another" arises out of Case Crime No. 197/2018, under Section 498A, 376, 323, 313, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station Mahila, District Lucknow, pending before learned Additional Sessions Judge/FTC Court No. 1, Lucknow and also quashing the chargesheet dated 02.01.2019 (Annexure No.2) submitted by the Investigating Officer before the concerned court, in the interest of justice."
3. For the purposes of entertaining the instant application, this Court considered the following: (i) The FIR lodged by the opposite party No. 2, under Section(s)- 498-A, 376, 313, 323, 504, 506 IPC and Section- 3/4 D.P. Act at Police Station- Mahila Thana, District- Lucknow against Aushutosh Yadav (applicant No.1/husband of the opposite party No. 2) and Mahaveer Yadav (applicant No. 2/father-in-law of the opposite party No. 2), is based upon the fact that the opposite party No. 2 solemnized the marriage with the applicant No. 1 on his own volition and thereafter the said marriage was also registered as per law. (ii) The allegations levelled in the aforesaid FIR related to causing injury to the opposite party No. 2 by the applicant no.1. Versus Counsel for Applicant(s) : Baljeet Singh Counsel for Opposite Party(s) : G.A. Ashutosh Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
(iii) The allegations in the aforesaid FIR related to termination of pregnancy of the opposite party No. 2 forcefully have been levlled against the applicant no.1. (iv) The specific allegation related to demand of Rs. 5 Lakh and four wheeler have been levelled against the applicant No. 2. (v) The fact that PW-1 has already been examined before the trial court.
4. On being confronted, after taking note of the aforesaid facts, the
learned counsel for the applicants says that the instant application be consigned to record with liberty to the applicants to pursue their case before the trial court.
5. The instant application is accordingly consigned to record with the aforesaid liberty. December 10, 2025 Arun/- A482 No. 10341 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench