Allahabad High Court
Ankit Sharma vs State Of U.P. And Another on 29 May, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:93889
Court No. - 74
Case :- APPLICATION U/S 482 No. - 46805 of 2023
Applicant :- Ankit Sharma
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mukesh Kumar Pandey,Pradeep Kumar Rai
Counsel for Opposite Party :- G.A.,Ramji Singh Patel
Hon'ble Saurabh Srivastava,J.
1. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri Pradeep Kumar Rai, learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed for quashing charge sheet dated 10.9.2022 submitted under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, arising out of Case Crime No.10 of 2021, P.S. Shivpur, District Varanasi and setting aside the cognizance order dated 5.12.2022 passed by learned Additional Civil Judge (J.D.). Court No.9, Judicial Magistrate, Varanasi.
3. Brief facts of the present case are that opposite party no.2 lodged FIR bearing Case Crime No.10 of 2021 in pursuance of offence under Sections 377, 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act against applicant and five others alleging that marriage of opposite party no.2 was solemnized with elder brother of applicant/co-accused, namely, Akash Sharma on dated 28.06.2020 and after some days of marriage, her husband along with her in-laws demanded five lakhs rupees as dowry and also tortured her mentally and physically. After lodging of the said FIR, opposite party no.2 was medically examined wherein no internal or external injury was found. Thereafter investigation was initiated and during investigation, statement of informant was recorded under Section 161 Cr.P.C. wherein she levelled general allegation against applicant herein. Thereafter statement of informant was also recorded under Section 164 Cr.P.C. wherein she also levelled only general allegations against applicant. After conclusion of inquiry, the concerned Investigating Officer submitted chargesheet under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act except under Section 377 IPC whereupon cognizance of offence was taken by learned court on dated 05.12.2022 which impugned the present application.
4. Learned counsel for the applicant submitted that present matter relates to matrimonial dispute arisen between husband Akash Sharma and opposite party no.2 and only because he is brother of Akash Sharma, he has also been implicated in the present case. Learned counsel for applicant further submitted that only general allegations have been made against applicant which has also been corroborated with statements of opposite party no.2 recorded under Section 161 and 164 Cr.P.C. It has also been submitted by learned counsel for applicant that it is case of no injury and during investigation, the allegation of Section 377 IPC levelled by opposite party no.2, has also been dropped since no credible evidence about the said allegation was found by concerned Investigating Officer. Learned counsel for applicant further submitted that applicant is working on probation as Nuclear Scientist under the Department of Atomic Energy in Nuclear Power Corporation of India Limited and due to present false case, his job is in danger and his life will be ruined. Learned counsel for applicant also argued that only general and omnibus allegations have been levelled against applicant, therefore, entire proceedings of the said case may be set aside.
5. In support of his submissions, learned counsel for applicant relying upon a judgement rendered by Hon'ble the Apex Court in the case of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others [2022 LiveLaw (SC) 141].
6. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but did not dispute the fact that only general and omnibus allegations have been levelled against applicant.
7. After having the rival contentions raised by learned counsel for parties as well as perusal of records, it appears that only general and omnibus allegations have been levelled against applicant who is brother-in-law of opposite party no.2 and also living in other city. In the case of Kahkashan Kausar (supra), Hon'ble the Supreme Court in paragraph 17 and 18 observed as under:-
"17. Recently, in K. Subba Rao v. The State of Telangana, (2018) 14 SCC 452, it was also observed that:-
"6. The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out."
18. The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them."
8. In the case in hand, upon perusal of narration of FIR and statements of opposite party no.2 recorded under Section 161 and 164 Cr.P.C, it is apparent that only general allegations have been levelled against applicant and no specific and distinct allegations have been made against him which may lead to conviction of applicant and as such, charge sheet dated 10.9.2022 and cognizance order dated 5.12.2022 are liable to be set aside.
9. In view of the facts and circumstances of the present case as well as in light of judgment rendered by Hon'ble the Supreme Court in the case of Kahkashan Kausar (supra), charge sheet dated 10.9.2022 submitted under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, arising out of Case Crime No.10 of 2021, P.S. Shivpur, District Varanasi and cognizance order dated 5.12.2022 passed by learned Additional Civil Judge (J.D.). Court No.9, Judicial Magistrate, Varanasi, are hereby quashed qua to the applicant herein.
10. Accordingly, the instant application is allowed.
Order Date :- 29.5.2025
Vivek Kr.
