Allahabad High Court
Ashish Dixit And 2 Others vs State Of U.P. And Another on 18 November, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:206241
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 15777 of 2019
Ashish Dixit And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Rakesh Dubey, V.K. Baranwal, Vidya Kant Rai, Vivek Kumar Shukla
Counsel for Opposite Party(s)
:
G.A., Mahendra Prakash, Pushpa Pandey, Uday Bhan Mishra
Court No. - 66
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri V.K.Baranwal and Sri Rakesh Dubey, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.
3. Sri Mahendra Prakash, Ms. Pushpa Pandey and Sri Uday Bhan Mishra, learned counsels for the opposite party no. 2 are not present even when the matter has been taken up in the revised list.
4. Counter affidavit along with stay vacation application dated 03.2.2020 has also been filed which are already on the record. Rejoinder affidavit dated 30.3.2024 to the same is also on the record.
5. The order sheet of the matter shows that the present application in so far as the applicant no. 1 Ashish Dixit is concerned, already stands dismissed vide order dated 28.11.2019 passed by other Bench of this Court. The said order reads as under:-
"Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 and the learned AGA appearing for the State.
The present application has been filed by the applicants under Section 482 Cr.P.C. with the prayer to quash the entire proceedings of case no. 11072 of 2019 (State Vs. Ashish Dixit and others), arising out of crime no. 854 of 2018, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D. P. Act, Police Station Barra, District Kanpur Nagar pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar. Further prayer has been made to stay the further proceedings of the aforesaid case.
After having very carefully examined the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that there is no justification for staying the proceeding of the aforementioned case in respect of the applicant no. 1. The prayer to that extent on behalf of the applicant no. 1 is hereby refused.
However, it is directed that in case the applicant no. 1 surrenders before the court below within 30 days from today and applies for bail same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicants.
It is made clear that the applicant no. 1 will not be granted any further time by this Court for surrendering before the court below as directed above.
So far as applicant nos. 2 and 3 are concerned, it has been contended by the learned counsel for the applicants that they are mother-in-law and father-in-law and the allegations levelled against them are wholly vague and no specific allegations has been levelled against them. Learned counsel for the applicants has placed reliance on the judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U. P. and others reported in 2012 (10) ADJ 464.
Learned AGA has accepted notice on behalf of the opposite party no.1.
Issue notice to opposite party no. 2.
Steps be taken by Registered Post A.D. within a week.
All the opposite parties may file counter affidavit within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter on 20.1.2020 before the appropriate Bench.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed as against the applicants no. 2 and 3 only."
6. The present application thus survives now only for the applicant no. 2 Smt. Sunita and the applicant no. 3 Ram Bahadur Dixit.
7 Learned counsel for the applicants submits that in compliance of the order dated 28.11.2019 the applicant no.1 Ashish Dixit appeared before the trial court and has been enlarged on bail.
8. The present application under Section 482 Cr.P.C. has been filed by the applicants applicant no. 2 Smt. Sunita and the applicant no. 3 Ram Bahadur Dixit with the prayer to quash the Charge Sheet No. 587 of 2018, dated 18.12.2018 based upon cognizance and summoning order dated 15.03.209 passed by Special C.J.M., Kanpur Nagar in Case No. 11072 of 2019 (State vs. Ashish Dixit and others), related to Crime No. 854 of 2018, u/s 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at P.S. Barra, District Kanpur Nagar whereby the applicants are summoned to face trial. It is further prayed to stay the further proceedings of said case and cognizance and summoning order in the case, during pendency of this application.
9. The F.I.R. of the matter was lodged on 12.10.2018 by Smt. Mohini Dixit the victim against Ashish Dixit (husband), Smt. Sunita (mother--in-law), Ram Bahadur Dixit (father-in-law), Sarata (nanad), Abhishek (Nandoi) and two unknown persons alleging therein that her marriage was solemnized on 08.02.2014 with Ashish Dixit, son of Ram Bahadur Dixit. Her father had spent approximately Rs. 7 lakhs in the marriage. After marriage, her husband Ashish, mother-in-law Smt. Sunita, sister-in-law Sarita and brother-in-law Abhishek started demanding Rs. 5 lakhs and a car as additional dowry. When she told her father about the said demand, her father expressed his inability to give the said money and the car. Since then her in-laws started harassing her by beating her continuously. They did not give her food or water for several days. In the second week of April 2016, her husband and in-laws, who were present at the house, beat her and threw her out. They threatened to return only after receiving money from her father. She went to her father's house and told him about it. Her father arranged for Rs.100,000/- and sent her to her matrimonial house. However, her mother-in-law, husband, father-in-law, and sister-in-law were not satisfied with this amount. Her mother-in-law used to taunt her daily, saying that my son was getting a car at his wedding, but I was unlucky to marry her son with you. She will burn you to death and get her son married again. She continued to endure this harassment. On 8/09/2018 at approximately 7:00 a.m. all the accused assaulted her and attempted to burn her by pouring kerosene on her. She somehow managed to escape, taking her three-year-old son with her. Seeing this behavior of her in-laws and the danger to her and her son's life, she got disturbed and in an attempt to escape, reached the station and boarded the train. When the train reached Lucknow, Rakesh Trivedi recognized her, got her off the train, and informed about the incident to her family members. Her brother arrived there and brought her and her son back to Kanpur. Upon hearing the above incident, her father went to her in-laws' house and tried to pacify her in-laws, but they insulted and drove him away. On 05/10/2018 at about 12:00 a.m. (midnight), she received a call from her husband, Ashish Dixit. Upon receiving the call, he asked her to come alone to the Clock Tower to meet him. She refused to come due to night. Thereafter, he kept calling repeatedly, abusing, threatening to kill and saying that if the demand is not met soon, she would have to face the consequences. When she disconnected the phone, he called on her father's mobile and started abusing, threatening to kill the entire family. She was forced to spend the night at home. Then at about 2.30 in the night, all the accused persons came to her parental house and demanded Rs. 5 lakh and a car as additional dowry. Her father again expressed his inability and asked for some time, then all the accused persons together harassed her. They beat her up. When she entered the room, they began breaking down her door. Hearing the commotion, many people from the neighborhood gathered. Her father tried to intervene who was pushed by them and also received injuries. Seeing her life in danger, she dialed 100 from her mobile and called for help. Police arrived at her house and apprehended her husband and took him to the police station and the others accused persons ran away from the place of occurrence. At about 8:30 a.m. today two unidentified men who were accompanied by her father-in-law, came to her parental house and threatened her not to take any action on the incident that occurred last night. A report be lodged and action be taken.
10. Investigation in the matter has started in which the statement of the informant was recorded under Section 161 Cr.P.C. wherein reiterated the same version as that of the F.I.R. Further the investigating officer has recorded the statements of independent witnesses namely Mamta Singh Sengar, Somwati, Ram Bahor Maurya, Mastram Gupta, Suman Singh who have not supported the prosecution case. They further stated that married nanad Sarita is residing with her husband in her matrimonial house for the last 10 years and as such their involvement in the crime was found false and exonerated them during investigation and charge sheet dated 18.12.2019 has been filed against the applicants, on which the court concerned has taken cognizance and summoned them to face trial vide order dated 15.03.2019.
11. It is submitted that the applicant no. 2 Smt. Sunita and the applicant no. 3 Ram Bahadur Dixit are mother-in-law and father-in-law of the victim respectively and they have been falsely implicated in the present case. It is submitted that because of some misunderstanding between the victim and her husband matrimonial dispute arose which has taken the shape of criminal case in the nature of F.I.R. with totally false and baseless allegations. It is further submitted that the allegations in the present matter are general and omnibus in nature and they never demanded any dowry as alleged. It is submitted that falsity of the case is apparent from the fact that during investigation nanad/Sarita and her husband Abhishek (nandoi) have been exonerated by the police. Learned counsel has submitted that the court taking cognizance upon the charge sheet has not applied its judicial mind and has taken cognizance. It is submitted that the allegations against the applicants are general and omnibus in nature. It is submitted that the order summoning and the proceedings are bad in the eyes of law and deserve to be quashed. It is submitted that vagueness of the allegations in the matter are apparent as there is no specific dates of the alleged incident mentioned in the same. There are general and roving allegations against the accused persons. It is submitted that as such the proceedings against the applicants be quashed.
12. Learned counsel has relied upon the judgements of the Apex Court in the case of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others : (2022) 6 SCC 599, Payal Sharma Vs. State of Punjab : AIR OnLine 2024 SC 792, Dara Lakshmi Narayan and others vs. State of Telangana: 2024 SCC OnLine SC 3682, Preeti Gupta and another vs. State of Jharkhand: (2010) 7 SCC 667 and Geddam Jhansi vs. The State of Telangana: 2025 INSC 160 to argue that there is exaggerated version of the incident and the same can also be seen from the fact that the entire family has been made an accused for ulterior motives and with malafide intention with general and omnibus allegations.
13. Per contra, learned counsel for the State has been heard who does not dispute the factual arguments and also the legal arguments in the matter.
14. After having heard learned counsels for the parties and perusing the records, it is evident that the present petition was dismissed with regard to the applicant no. 1 Ashish Dixit(husband) vide order dated 28.11.2019 passed by other Bench of this Court. The applicant no. 2 Smt. Sunita and the applicant no. 3 Ram Bahadur Dixit are mother-in-law and father-in-law of the victim respectively. The implication of the family members of the husband is also rampant in matrimonial matters and there is exaggerated version of the incident and the same can also be seen from the fact that the entire family has been made an accused for ulterior motives and with malafide intention.General and omnibus allegations have been levelled against the applicants.
15. In view of the above facts and circumstances, the present application is allowed in so far as the applicant no. 2 Smt. Sunita and the applicant no. 3 Ram Bahadur Dixit are concerned.
16. The impugned charge sheet, cognizance and summoning order in the aforesaid case are hereby quashed.
17. Pending application(s), if any, shall stand disposed of.
(Samit Gopal,J.)
November 18, 2025
Naresh
