Noorul Huda And Anr v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another

"Heard learned counsel for the applicants and the learned A.G.A. for the State. The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned proceedings of Case Crime No. 487 of 2023, under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, and Section 3/4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Raunahi, District Ayodhya, as well as to quash the impugned summoning order dated 19.01.2024 passed in Criminal Case No. 90 of 2024, State v. Arab Mohd. Alias Sonu & ors., under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, and Section 3/4, Muslim Women (Protectioin of Rights on Marriage) Act, 2019, Police Station Raunahi, District Ayodhya, pending before the court of Judicial Magistrate-III, Ayodhya. 2 A482 No. 9889 of 2024 Learned counsel for the applicant submits that only general allegations of dowry-demand have been levelled against the applicants, who are the father-in-law and mother-in-law of the opp. party No. 2. He further submitted that the main allegation is levelled against the husband Arab Mohammad. It is further submitted by learned counsel for the applicants that declaratory suit had already been filed by the applicants against his son Arab Mohammad, who is husband of the opp. party No. 2, on 18.04.2022, whereas the present F.I.R. has been lodged on 25.09.2023. It has also been submitted that the applicants have falsely been implicated for the reason that they are parents of the husband of the opp. party No. 2. Thus, he prays for interim relief. The matter requires consideration on the fact and law both. Learned A.G.A. has accepted notice on behalf of the State i.e. opposite party no.1. Issue notice to the opposite party no.2 through R.P.A.D. returnable at an early date. Steps in this regard be taken within a week from today. Learned A.G.A. as well as opp. party No. 2 are allowed 2 weeks' time to file counter affidavit. 1 week's time thereafter is allowed to the applicants for filing rejoinder affidavit, if any. List this case after three weeks alongwith service report. Till the next date of listing the proceedings of Criminal Case No. 90 of 2024, State v. Arab Mohd. Alias Sonu & ors., under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, and Section 3/4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Raunahi, District Ayodhya, pending before the court of Judicial Magistrate-III, Ayodhya, including the summoning order dated 19.01.2024 passed therein, shall remain stayed in respect of the applicants."

3. Learned counsel for the applicant submitted that petitioners are the in laws of the complainant and they have been falsely implicated in the present case and there is a matrimonial dispute in between husband and wife and their son has already been ousted by the petitioner and subsequently a suit was filed against their son which was decreed. Therefore, the proceeding may be quashed.

4. Learned counsel for the complainant vehemently opposed the prayer of the applicant and submitted that the complainant is being victimized by her husband as well as the petitioners as she was beaten brutally in the year 2019 and thereafter medical age was given and she was also medically examined and she approached to the Police for lodging of the FIR then the petitioners as well as husband of the complainant requested for compromise and the compromise was executed in the Police Station on 23.08.2019, then thereafter in the strategical manner the alleged suit was filed by the petitioners for declaration as the complainant never received any information about the pendency of the aforesaid suit, i.e., regular suit no. 228 of 2022 and during the course of investigation active participation of the applicant was found thereafter charge-sheet was submitted and he also due attention of the pleadings proceeding 3 A482 No. 9889 of 2024 the counter affidavit filed by the complainant filed by the complainant.

5. At this stage counsel for the applicant informs that the counter affidavit was received on

15.10.2025 and informs that the rejoinder affidavit is under preparation and some time may be given for filing the same.

6. Accordingly, prayer is allowed.

7. List this case on 26.11.2025.

8. On the next date, petitioners as well as private respondents shall appear before this Court.

9. Senior Superintendent of Police, Ayodhya as well as Superintended of Police Sultanpur is also directed to ensure the presence of Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur.

2. In pursuance of aforesaid order, applicant as well as private respondent are present.

3. Sri Bhanu Pratap Singh, learned A.G.A. requested for some time to ensure the presence of Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur.

4. List this case on 4.12.2025 in terms of order dated 19.11.2025.

5. On the next date, applicants, private respondent and Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur shall appear before this Court.

6. The Superintendent of Police, Ayodhya as well as Sultanpur are directed to ensure the presence of Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur, before this Court.

7. Interim order, granted earlier shall continue till the next date of listing. November 26, 2025 GauraV/- (Rajeev Singh,J.)

"Heard learned counsel for the applicants and the learned A.G.A. for the State. The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned proceedings of Case Crime No. 487 of 2023, under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, and Section 3/4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Raunahi, District Ayodhya, as well as to quash the impugned summoning order dated 19.01.2024 passed in Criminal Case No. 90 of 2024, State v. Arab Mohd. Alias Sonu & ors., under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, and Section 3/4, Muslim Women (Protectioin of Rights on Marriage) Act, 2019, Police Station Raunahi, District Ayodhya, pending before the court of Judicial Magistrate-III, Ayodhya. 2 A482 No. 9889 of 2024 Learned counsel for the applicant submits that only general allegations of dowry-demand have been levelled against the applicants, who are the father-in-law and mother-in-law of the opp. party No. 2. He further submitted that the main allegation is levelled against the husband Arab Mohammad. It is further submitted by learned counsel for the applicants that declaratory suit had already been filed by the applicants against his son Arab Mohammad, who is husband of the opp. party No. 2, on 18.04.2022, whereas the present F.I.R. has been lodged on 25.09.2023. It has also been submitted that the applicants have falsely been implicated for the reason that they are parents of the husband of the opp. party No. 2. Thus, he prays for interim relief. The matter requires consideration on the fact and law both. Learned A.G.A. has accepted notice on behalf of the State i.e. opposite party no.1. Issue notice to the opposite party no.2 through R.P.A.D. returnable at an early date. Steps in this regard be taken within a week from today. Learned A.G.A. as well as opp. party No. 2 are allowed 2 weeks' time to file counter affidavit. 1 week's time thereafter is allowed to the applicants for filing rejoinder affidavit, if any. List this case after three weeks alongwith service report. Till the next date of listing the proceedings of Criminal Case No. 90 of 2024, State v. Arab Mohd. Alias Sonu & ors., under Sections 498-A, 323, 504, 506 I.P.C., Section 3/4 of Dowry Prohibition Act, and Section 3/4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Raunahi, District Ayodhya, pending before the court of Judicial Magistrate-III, Ayodhya, including the summoning order dated 19.01.2024 passed therein, shall remain stayed in respect of the applicants."

3. Learned counsel for the applicant submitted that petitioners are the in laws of the complainant and they have been falsely implicated in the present case and there is a matrimonial dispute in between husband and wife and their son has already been ousted by the petitioner and subsequently a suit was filed against their son which was decreed. Therefore, the proceeding may be quashed.

4. Learned counsel for the complainant vehemently opposed the prayer of the applicant and submitted that the complainant is being victimized by her husband as well as the petitioners as she was beaten brutally in the year 2019 and thereafter medical age was given and she was also medically examined and she approached to the Police for lodging of the FIR then the petitioners as well as husband of the complainant requested for compromise and the compromise was executed in the Police Station on 23.08.2019, then thereafter in the strategical manner the alleged suit was filed by the petitioners for declaration as the complainant never received any information about the pendency of the aforesaid suit, i.e., regular suit no. 228 of 2022 and during the course of investigation active participation of the applicant was found thereafter charge-sheet was submitted and he also due attention of the pleadings proceeding 3 A482 No. 9889 of 2024 the counter affidavit filed by the complainant filed by the complainant.

5. At this stage counsel for the applicant informs that the counter affidavit was received on

15.10.2025 and informs that the rejoinder affidavit is under preparation and some time may be given for filing the same.

6. Accordingly, prayer is allowed.

7. List this case on 26.11.2025.

8. On the next date, petitioners as well as private respondents shall appear before this Court.

9. Senior Superintendent of Police, Ayodhya as well as Superintended of Police Sultanpur is also directed to ensure the presence of Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur.

2. In pursuance of aforesaid order, applicant as well as private respondent are present.

3. Sri Bhanu Pratap Singh, learned A.G.A. requested for some time to ensure the presence of Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur.

4. List this case on 4.12.2025 in terms of order dated 19.11.2025.

5. On the next date, applicants, private respondent and Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur shall appear before this Court.

6. The Superintendent of Police, Ayodhya as well as Sultanpur are directed to ensure the presence of Abre Alam son of Noorul Huda resident of Safullganj, Saidpur, Gosaiganj, Sultanpur, before this Court.

7. Interim order, granted earlier shall continue till the next date of listing. November 26, 2025 GauraV/- (Rajeev Singh,J.)