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2025 DAILYLAW 46421 (ALL)

GANGA VISHAL & ANOTHER v. STATE OF U.P. THROUGH ITS PRINCIPAL SECRETARY HOME U.P. LUCKNOW & ANOTHER

NA528/13304/2025 · 2025-05-12

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78574 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13304 of 2025 Applicant :- Ganga Vishal & Another Opposite Party :- State Of U.P. Through Its Principal Secretary Home U.P. Lucknow & Another Counsel for Applicant :- Mohammad Sadab Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Sadab Khan, learned counsel for the applicants and Sri Pushpendra Singh Jadon, learned A.G.A. for the State. 2. The instant application has been filed to quash the charge sheet dated 29.3.2024, cognizance order dated 15.6.2024 and stay the further proceeding of Case No. 49877 of 2024, case crime No. 418 of 2023, under Sections 498A, 323, 504 IPC, P.S. Chakeri, District Kanpur Nagar. 3. Contention of learned counsel for the applicants is that the husband of opposite party no.2 died in the year 2020. Thereafter, due to a petty dispute, regarding property, opposite party No.2 initiated the impugned proceeding by lodging an F.I.R. on the basis of concocted story. 4. Learned A.G.A. opposed the prayer and submitted that from the perusal of the statement of opposite party No.2 as well as other witnesses, recorded under Section 161 Cr.P.C., it is evident that specific allegation has been made against the applicants that they were continuously harassing and beating opposite party No.2 and also kicked her out from the house. Therefore, no case for interference is made out. 5. After considering the submissions of the counsel for the parties and on perusal of the record, it is clear that opposite party No.2 as well as other witnesses in their statements have made specific allegation against the applicants that they were continuously beating opposite party No.2 and kicked her out after death of her husband. It is also clear from the statement of the doctor, who examined the injuries of opposite party No.2, that she suffered two simple injuries. Therefore, the statement of opposite party No.2 has been duly substantiated by the doctor's statement who examined opposite party No.2. 6. In view of the above, this Court does not find any illegality in the impugned proceeding. Accordingly, the application is dismissed. Order Date :- 13.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad