Ranjeet Kumar alias Ranjeet v. State of U.P. and another) in which an interim order has been passed by

1. Heard learned counsel for applicants, learned A.G.A. for the State and perused the material available on record.

2. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the following prayers:- "to quash the entire proceedings of order dated 19.9.2023 passed by learned Civil Judge (Junior Division)/F.T.C. (C.A.W.) District Sitapur in Case No. 2945 of 2023 (State Vs. Ranjeet and others), as well as charge sheet no. 70 of 2023 dated 19.03.2023 arising out of Case Crime No. 17 of 2023, under Sections 323, 504, 506 & 498-A IPC and Section 3/4 of the Dowry Prohibition Act, Police Sation Kamlapur, District Sitapur pending in the court of learned Additional Chief Judicial Magistrate-II, Sitapur."

3. It has been submitted by learned counsel for applicants that the FIR has been lodged with general allegation against all the named accused persons and no specific role has been assigned to the applicants. It has further submitted that husband of complainant has filed Application U/s 482 No. 4282 of 2025 (Ranjeet Kumar alias Ranjeet Vs. State of U.P. and another) in which an interim order has been passed by this Court by means of order dated 28.5.2025, which, on production reads as under:- "The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the following prayers:- "For the facts, reasons and circumstances stated in the accompanying Petition, which is duly supported by an affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be please to quash the entire proceeding of order dated 19.9.2023, Case no. 2945/2023, "State Versus Ranjeet and others", order passed by Civil Judge (J.D.)/F.T.C. (CA.W.), District Sitapur as well as Charge Sheet No. 70/2023, Charge Sheet Dated 19.3.2023, Case Crime No. 17/2023, under section 323, 504,506, 498-A I.P.C. & 3/4 D.P. Act, P.S. Kamlapur, District- Sitapur in pending before Civil Judge (J.D.)/F.T.C. (C.A.W.), District Sitapur contained in Annexure No.land 2 to the accompanying affidavit, in the interest of Justice. It is further prayed that during the pendency of the present Petition Under Section 482 Cr. P.C./528 BNSS, this Hon'ble may kindly be pleased to stay the entire proceeding of order dated 19.9.2023, Case no. 2945/2023, "State Versus Ranjeet and others", order passed by Civil Judge (J.D.)/F.T.C. (C.A.W.), District Sitapur as well as Charge Sheet No. 70/2023, Charge Sheet Dated 19.3.2023, Case Crime No. 17/2023, under section 323, 504,506, 498-A I.P.C. & 3/4 D.P. Act, P.S. Kamlapur, District- Sitapur in pending before Civil Judge (J.D.)/F.T.C. (C.A.W.), District Sitapur contained in Annexure No.land 2 to the accompanying affidavit, in the interest of justice." Brief facts of the case are that on 21.01.2023, an FIR has been lodged by the respondent no. 2 alleging the incident dated 15.05.2022 against six named accused persons including the present applicant, who is the husband of respondent no. 2 alleging therein that she has been harassed mentally and physically by the applicant and his family members for dowry demand. Learned counsel for the applicant has submitted that the police after investigation has filed the charge sheet only against the five named accused persons dropping the name of Pradeep s/o Late Sundar in all the Sections mentioned in the FIR. The court concerned has taken cognizance and summon has been issued. Learned counsel for the applicant has submitted that the FIR has been lodged against the named accused persons i.e. all the family members have been roped in by making general allegations. Learned counsel for the applicant has further submitted that there are only general and no specific allegations against the applicant. It is further submitted that the applicant has falsely been implicated in the present case and has never ever demanded any dowry or harassed the respondent no. 2. It is further submitted that the respondent no. 2 has lodged the present FIR with vague and omnibus allegations just to pressurize the applicant for fulfilling unjust demands. It is further submitted that there is a possibility of settlement between the applicants and the respondent no. 2, as such, the matter may be sent to the Mediation and Conciliation Centre of this Court. On the other hand, learned A.G.A. has opposed the case but unable to dispute the submissions made by learned counsel for the applicant. Let notice be issued to the respondent no. 2. Steps be taken within seven working days. List this case in the second week of July, 2025 amongst top ten cases. Office is directed to submit service report by the next date of listing. Till the next date of listing, further proceedings of Case No. 2945/2023 'State Versus Ranjeet and others' as well as Charge Sheet No. 70/2023, Case Crime No. 17/2023, under sections 323, 504,506, 498-A I.P.C. & 3/4 D.P. Act, P.S. Kamlapur, District- Sitapur, shall remain stayed."

4. On the basis of above, learned counsel for applicants submits that the applicants are also entitled for the same benefits and the proceedings of the aforesaid case is liable to be quashed as there is no specific allegation against the present applicants also.

5. Learned A.G.A. for the State though has opposed the submissions but could not dispute aforesaid submissions of learned counsel for applicants and the order dated 28.05.2025 (supra).

6. Having considered the submissions of learned counsel for parties and the fact that general allegations have been levelled in the FIR against all the persons and there is no specific role of the applicants, the matter requires consideration.

7. Let notice be issued to the respondent no. 2.

8. Steps be taken within seven working days.

9. Connect and list with Application U/s 482 No. 4282 of 2025 (Ranjeet Kumar alias Ranjeet Vs. State of U.P. and another) on the date fixed in leading matter.

10. Office is directed to submit service report by the next date of listing.

11. Till the next date of listing, further proceedings of Case No. 2945 of 2023 (State Vs. Ranjeet and others), in pursuance of charge sheet no. 70 of 2023 dated 19.03.2023 arising out of Case Crime No. 17 of 2023, under Sections 323, 504, 506 & 498-A IPC and Section 3/4 of the Dowry Prohibition Act, Police Sation Kamlapur, District Sitapur, shall remain stayed. . Order Date :- 2.6.2025 Virendra (Rajnish Kumar, J.)

1. Heard learned counsel for applicants, learned A.G.A. for the State and perused the material available on record.

2. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the following prayers:- "to quash the entire proceedings of order dated 19.9.2023 passed by learned Civil Judge (Junior Division)/F.T.C. (C.A.W.) District Sitapur in Case No. 2945 of 2023 (State Vs. Ranjeet and others), as well as charge sheet no. 70 of 2023 dated 19.03.2023 arising out of Case Crime No. 17 of 2023, under Sections 323, 504, 506 & 498-A IPC and Section 3/4 of the Dowry Prohibition Act, Police Sation Kamlapur, District Sitapur pending in the court of learned Additional Chief Judicial Magistrate-II, Sitapur."

3. It has been submitted by learned counsel for applicants that the FIR has been lodged with general allegation against all the named accused persons and no specific role has been assigned to the applicants. It has further submitted that husband of complainant has filed Application U/s 482 No. 4282 of 2025 (Ranjeet Kumar alias Ranjeet Vs. State of U.P. and another) in which an interim order has been passed by this Court by means of order dated 28.5.2025, which, on production reads as under:- "The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant with the following prayers:- "For the facts, reasons and circumstances stated in the accompanying Petition, which is duly supported by an affidavit, it is expedient in the interest of justice that this Hon'ble Court may graciously be please to quash the entire proceeding of order dated 19.9.2023, Case no. 2945/2023, "State Versus Ranjeet and others", order passed by Civil Judge (J.D.)/F.T.C. (CA.W.), District Sitapur as well as Charge Sheet No. 70/2023, Charge Sheet Dated 19.3.2023, Case Crime No. 17/2023, under section 323, 504,506, 498-A I.P.C. & 3/4 D.P. Act, P.S. Kamlapur, District- Sitapur in pending before Civil Judge (J.D.)/F.T.C. (C.A.W.), District Sitapur contained in Annexure No.land 2 to the accompanying affidavit, in the interest of Justice. It is further prayed that during the pendency of the present Petition Under Section 482 Cr. P.C./528 BNSS, this Hon'ble may kindly be pleased to stay the entire proceeding of order dated 19.9.2023, Case no. 2945/2023, "State Versus Ranjeet and others", order passed by Civil Judge (J.D.)/F.T.C. (C.A.W.), District Sitapur as well as Charge Sheet No. 70/2023, Charge Sheet Dated 19.3.2023, Case Crime No. 17/2023, under section 323, 504,506, 498-A I.P.C. & 3/4 D.P. Act, P.S. Kamlapur, District- Sitapur in pending before Civil Judge (J.D.)/F.T.C. (C.A.W.), District Sitapur contained in Annexure No.land 2 to the accompanying affidavit, in the interest of justice." Brief facts of the case are that on 21.01.2023, an FIR has been lodged by the respondent no. 2 alleging the incident dated 15.05.2022 against six named accused persons including the present applicant, who is the husband of respondent no. 2 alleging therein that she has been harassed mentally and physically by the applicant and his family members for dowry demand. Learned counsel for the applicant has submitted that the police after investigation has filed the charge sheet only against the five named accused persons dropping the name of Pradeep s/o Late Sundar in all the Sections mentioned in the FIR. The court concerned has taken cognizance and summon has been issued. Learned counsel for the applicant has submitted that the FIR has been lodged against the named accused persons i.e. all the family members have been roped in by making general allegations. Learned counsel for the applicant has further submitted that there are only general and no specific allegations against the applicant. It is further submitted that the applicant has falsely been implicated in the present case and has never ever demanded any dowry or harassed the respondent no. 2. It is further submitted that the respondent no. 2 has lodged the present FIR with vague and omnibus allegations just to pressurize the applicant for fulfilling unjust demands. It is further submitted that there is a possibility of settlement between the applicants and the respondent no. 2, as such, the matter may be sent to the Mediation and Conciliation Centre of this Court. On the other hand, learned A.G.A. has opposed the case but unable to dispute the submissions made by learned counsel for the applicant. Let notice be issued to the respondent no. 2. Steps be taken within seven working days. List this case in the second week of July, 2025 amongst top ten cases. Office is directed to submit service report by the next date of listing. Till the next date of listing, further proceedings of Case No. 2945/2023 'State Versus Ranjeet and others' as well as Charge Sheet No. 70/2023, Case Crime No. 17/2023, under sections 323, 504,506, 498-A I.P.C. & 3/4 D.P. Act, P.S. Kamlapur, District- Sitapur, shall remain stayed."

4. On the basis of above, learned counsel for applicants submits that the applicants are also entitled for the same benefits and the proceedings of the aforesaid case is liable to be quashed as there is no specific allegation against the present applicants also.

5. Learned A.G.A. for the State though has opposed the submissions but could not dispute aforesaid submissions of learned counsel for applicants and the order dated 28.05.2025 (supra).

6. Having considered the submissions of learned counsel for parties and the fact that general allegations have been levelled in the FIR against all the persons and there is no specific role of the applicants, the matter requires consideration.

7. Let notice be issued to the respondent no. 2.

8. Steps be taken within seven working days.

9. Connect and list with Application U/s 482 No. 4282 of 2025 (Ranjeet Kumar alias Ranjeet Vs. State of U.P. and another) on the date fixed in leading matter.

10. Office is directed to submit service report by the next date of listing.

11. Till the next date of listing, further proceedings of Case No. 2945 of 2023 (State Vs. Ranjeet and others), in pursuance of charge sheet no. 70 of 2023 dated 19.03.2023 arising out of Case Crime No. 17 of 2023, under Sections 323, 504, 506 & 498-A IPC and Section 3/4 of the Dowry Prohibition Act, Police Sation Kamlapur, District Sitapur, shall remain stayed. . Order Date :- 2.6.2025 Virendra (Rajnish Kumar, J.)