BNSS No. 52061 of 2025 · Allahabad High Court
Case at a glance
Provisions considered
Judgment
Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.
The present 528 BNSS application has been filed to quash the entire criminal proceeding as well as Summoning order dated 06.09.2021 passed by Learned Civil Judge (Junior Division)/F.T.C/Crime against Women/Judicial Magistrate, District Mathura in Complaint Case no. 1279/2019 (Smt Bhagwati versus Ravi and others) under section 498-A, 323, 504 I.P.C and u/sec 3/4 of Dowry Prohibition Act, P.S- Mahila Thana, District- Mathura.
Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case on account of matrimonial dispute between the parties. Applicant No.1 is husband and applicant Nos.2 to 4 are in-laws of opposite party No.2. Marriage was solemnized between applicant No.1 and opposite party No.2 in the year 2009 and from their wedlock, they have two children. Applicants have no involvement in the present case. Allegation alleged in the complaint are not supporting the material evidence. The present criminal prosecution had been lodged only to harass the applicants.
Learned AGA opposed and submitted that in the statement of father and uncle of complainant recorded under Sections 200 and 202 Cr.P.C. allegation has been levelled specifically against the applicant No.1 (husband) and there is evidence against the applicant No.1. 2 NA528 No. 52061 of 2025
The prayer for quashing the entire proceedings of the aforesaid case against the applicant no.1, namely, Ravi is refused.
Insofar as the applicant nos. 2, 3 and 4, namely, Jagdish, Bachchoo Singh and Shyamwati, are concerned, the application is entertained.
Issue notice to opposite party no. 2, returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, no coercive action shall be taken against applicant Nos.2, 3 and 4, namely, Jagdish, Bachchoo Singh and Shyamwati, in Complaint Case no. 1279/2019, under section 498-A, 323, 504 I.P.C and u/sec 3/4 of Dowry Prohibition Act, P.S- Mahila Thana, District- Mathura. January 22, 2026 Nitin Verma (Deepak Verma,J.)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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