Allahabad High Court
Shyam Sundar Chauhan vs State Of U.P. And Another on 14 August, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:139141
Court No. - 72
Case :- APPLICATION U/S 482 No. - 6727 of 2020
Applicant :- Shyam Sundar Chauhan
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Kirti Kumar Nirkhi,Shobhit Saxena
Counsel for Opposite Party :- G.A.,Pankaj Srivastava
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State.
2. The present 482 application has been filed to quash the charge-sheet, cognizance order dated 07.12.2017, non-bailable warrant dated 04.09.2019 as well as entire proceeding of Criminal Case No.1313 of 2017 arising out of Case Crime No.61 of 2017, under sections 498A, 323, 504, 506 I.P.C., Police Station Mahila Thana, District Gautam Budh Nagar, pending in the court of Civil Judge (Senior Division)/F.T.C.Gautam Budh Nagar.
3.Learned counsel for the applicant submits that the opposite party no.2 lodged FIR alleging that the applicant has concealed the facts that he was already married with Manju Rani, thereafter, solemnized marriage with the opposite party no.2. Thereafter, he tortured and demanded dowry. Instant FIR lodged with matrimonial dispute that opposite party no.2 (informant) is second wife of the applicant. Learned counsel for the applicant next submits that the allegation alleged in the FIR is false and baseless not supported by any evidence.
4. Moreover, the instant FIR lodged by opposite party no.2 is itself not maintainable in view of the Apex Court Judgement passed in Shiv Charan Lal Verma and another vs. State of Madhya Pradesh, (2007)15 Supreme Court Cases, 369 wherein the Hon'ble Apex Court has held in Para-2 of the judgment that second marriage of the applicant with opposite party no.2 is not valid marriage in subsistence to first wife. FIR by second wife against the applicant is null and void.
5. Learned AGA and learned counsel for the opposite party no.2 could not disputed the facts as argued by learned counsel for the applicant and submitted that allegation alleged in the FIR that informant is second wife of the applicant. In view of the Apex Court judgment passed in Shiv Charan Lal Verma's case (supra), the instant FIR lodged by second wife and it is admitted fact that opposite party no.2 is second wife. No FIR can be registered under section 498-A.
6. In view of Apex Court judgment mentioned above, the proceeding under section 498-A, cognizance and summoning by learned magistrate under section 498-A and FIR under section 498A is set aside. Prima-facie offence is made out against the applicant under sections 323, 504, 506 I.P.C. Allegation alleged in the FIR in regard to offence under sections 323, 504 & 506 I.P.C., there is material evidence against the applicant to prosecute, therefore, trial court is directed to proceed under section 323, 504, 506 I.P.C.against the applicant.
7. With aforesaid observations, the application u/s 482 Cr.P.C. is partly allowed.
Order Date :- 14.8.2025
SKD
