NOOR MOHAMMAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/10883/2025 · 2025-04-10
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36386 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36386 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53378 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10883 of 2025 Applicant :- Noor Mohammad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mohd. Shahibe Alam, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the chargesheet dated 05.03.2021, cognizance as well as summoning order dated 09.04.2024 in Criminal Case No.1337 of 2024, arising out of Case Crime No.426 of 2020, under Sections-498A, 504 IPC and Section 3/4 D.P. Act and Section 3/4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station- Sardhana, District-Meerut, pending in the court of Chief Judicial Magistrate, Meerut.
3. Contention of learned counsel for the applicants is that applicants have been falsely implicated on the basis of general and vague allegation. Therefore, impugned proceeding deserves to be quashed. When the court suggested the learned counsel for the applicants whether there are chances of mediation then he clearly denied that applicants are not ready for mediation.
4. Per contra, learned AGA has opposed the prayer on the ground that there are specific allegation against the applicants in the statement of opposite party no.2 recorded u/s 161 Cr.P.C.
5. On perusal of record, it appears that opposite party no.2 in her statement made specific allegation of beating and harassment against the applicants and applicants are not ready for mediation.
6. Therefore, this court is not inclined to interfere at the instance of applicants.
7. Accordingly, present application is rejected. Order Date :- 11.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad