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Neutral Citation No. - 2025:AHC:37403 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8443 of 2025 Applicant :- Rizwan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri K.K. Yadav, (AOR No.A/K-0285/2012), holding brief of Sri Mohd. Irfan learned counsel for the applicants as well as Sri Muniraj Mehrotra, learned counsel for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings of Complaint Case No. 7 of 2023 (Shabana vs. Rizwan & others), under Sections 498-A 354 IPC & 4 D.P. Act, Police Station Khajuriya, District Rampur, pending in the court of Civil Judge (J.D.)/F.T.C., (Offence against Women), District Rampur. 3. Learned counsel for the applicants submits that a first information report stood lodged against the applicants and four others under Sections 498-A, 323, 506, 354 IPC read with Section 3/4 of the D.P. Act, relatable to the fact that the opposite party no.2 marriage stood solemnized with the applicant no.1 and there was a demand of dowry apart from the same maltreatment and harassment was being made. 4. Learned counsel for the applicants further submits that the allegations so sought to be levelled under Section 354 of the IPC are totally false and incorrect, the post investigation Investigating Officer submitted a final report in favour of the applicants taking too on the premise that there were insufficient material to rope in the applicants and on the basis of a compromise being entered between the parties and thereafter a protest petition came to be preferred and on the basis of the same statements under Section 200 and 202 of the Cr.P.C. was recorded and on 7.2.20224
summons have been issued. He also submits that the applicants are innocent. 5. Learned AGA on the other hand submits that the offences are made out against the applicants in the first information report. 6. Having heard the submissions so made across the bar the only question which is to be considered is with regard to the extent of judicial intervention at this stage.
Apparently the first information report stood lodged under Sections 498-A, 323, 506, 354 IPC read with Section 3/4 of the D.P. Act and thereafter a final report stood submitted in favour of the applicants which on a protest petition came to be allowed and thereafter statements under Section 200 and 202 of the Cr.P.C. were recorded. The order dated 7.2.2024 summoning the applicants shows application of mind by the court below and further there happens to be specific allegations against the applicants that too under Section 354 IPC read with Sections 498-A, 323, 506 IPC and Section 3/4 of the D.P. Act. This Court at this juncture is not required to go into factual aspects regarding the plea of innocence of the applicants. Thus, interference is declined and the application is rejected. 7. Learned counsel for the applicants seeks direction for bail. 8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay Order Date :- 17.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad