ARVIND KUMAR ALIAS RAHUL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/19015/2025 · 2025-06-30
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63126 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:101569 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 19015 of 2025 Applicant :- Arvind Kumar Alias Rahul And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Yadav,Raghvendra Yadav,Sunil Kumar Nishad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Raghvendra Yadav, learned counsel for the applicants as well as Sri Kripa Shankar, learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the BNSS has been filed by the applicant to quash the entire proceedings of Criminal Misc. Case No.1197 of 2024 (Bindu alias Bindu Kumari Vs. Arvind Kumar alias Rahul and others) under section 498-A IPC and Section 4 DP Act, Police Station Dubaulia, District Basti, pending in the Court of Judicial Magistrate-Fast Track Court (Crime Against Women), Basti including the summoning order dated
21.1.2025. 3. Learned counsel for the applicants has submitted that a complaint stood lodged by the opposite party no.2, who happens to be the wife of the applicant no.1, daughter-in-law of the applicants no. 2 and 3 with an allegation that the applicant no.1 forcefully wanted to marry with her and also outraged the modesty and thereafter an FIR also stood lodged being Case Crime No.100 of 2022, under Sections 376, 504, 506 IPC and thereafter post submission of an application on 14.6.2022 before the Marriage Officer, the marriage was also solemnized. 4. Learned counsel for the applicants submits that the said complaint dated 19.6.2024 contains bundle of lies particularly when there happens to be nothing on record to substantiate that any dowry was demanded or any maltreatment was done. 5. Contention is that the opposite party no.2 and the applicant no.1 itself appeared before the Marriage Officer and thereafter the marriage stood solemnized and even the statements under Section 200 and 202 of the Cr.P.C. do not indicate any criminality. 6. Learned counsel for the applicants further submits that with respect to the lodging of a first information report under Sections 376, 504, 506 IPC, the applicants on the summon preferred Application U/S 482 Cr.P.C. No.20370 of 2023, Rahul @ Arvind and 4 others Vs. State of U.P. and another, wherein on 3.10.2023 the matter was referred for mediation. He also submits that the applicants have been falsely implicated and rather they are being harassed. 7.
Learned AGA on the other hand submits that whatever might be these are the question of facts which need not be a ground for interference at this stage and the applicants may prefer a discharge application before the court below. To such a submission, learned counsel for the applicants has no objection and gracefully accepts the same
8. Considering the submissions so made across the bar and looking into the over all situation the application stand disposed of directing the applicants to take appropriate proceedings from discharge before the court below by 25.7.2025 and on the said motion the court below shall decide the discharge application with most expedition strictly in accordance with law without granting unnecessary adjournment subject to legal impediment, if any. 9. Till the discharge application is decided, no coercive action shall be taken against the applicants of Criminal Misc. Case No.1197 of 2024 (Bindu alias Bindu Kumari Vs. Arvind Kumar alias Rahul and others) under section 498-A IPC and Section 4 DP Act, Police Station Dubaulia, District Basti, pending in the Court of Judicial Magistrate-Fast Track Court (Crime Against Women), Basti including the summoning order dated 21.1.2025. For facilitation of early disposal, the applicant shall submit a certified copy of the
order before the court below by 25.07.2025.
10. Accordingly, the application stands disposed of.
Order Date :- 1.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad