Allahabad High Court
Satendra Singh Rathaur And 2 Others vs State Of U.P. And Another on 7 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:176837
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36735 of 2025
Satendra Singh Rathaur And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s)
:
Satish Chandra Dubey
Counsel for Opposite Party(s)
:
G.A.
(SL No.10)
HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Devendra Kumar Shukla, Advocate holding brief on behalf of Sri Satish Chandra Dubey, learned counsel for the applicants and Sri Ibha Singha, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 25.01.2025 as well as impugned cognizance/summoning order dated 29.05.2025 as well as the entire proceedings in 565 of 2025 (State vs. Satendra Singh and Others) arising out of Case Crime No. 0075 of 2024 under Section 85, 115(2), 352, 351(3) B.N.S. and under Section 3/4 of the D.P.Act, P.S.- Mahila Thana, District- Shahjahanpur, pending in the court of learned Civil Judge, J.D./Fast Track Court, Court 41, Shahjahanpur.
3. Learned counsel of the applicants submits that the present case has been lodged by opposite party no.2 due to a matrimonial dispute arises between applicant no.1 and the daughter of opposite party no.2, making out general and vague allegations, therefore, the applicants seeks quashing of the entire proceedings of the instant case against the applicants herein.
4. Per contra, learned A.G.A. for the State submits that from a close scrutiny of the F.I.R. a prima facie allegation of harassment and dowry demand against all the applicants herein is made out. In view of the categorical allegations made against the applicants herein, no interference is called for while exercising the jurisdiction under Section 528 BNSS. Learned A.G.A. has relied upon the judgements of the Apex Court in State of Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others : 2021 SCC OnLine SC 315.
5. Having regard to the aforesaid submissions this Court has carefully examined the record of the case. From the record of the case it is apparent that applicant no.1 was married to the daughter of opposite party no.2 on 30.11.2020 as per Hindu rites and customs. A substantial amount was spent by opposite party no.2 in the marriage of his daughter. Since at the time of the marriage itself, the applicants had demanded a sum of Rs.5,00,000/- and after the marriage, all the jewelry of the daughter of opposite party no.2 was taken by the applicants and she was mentally and physically tortured, kept hungry. Despite conciliation proceedings held the applicants did not mend their ways without payment of Rs. 5,00,000/-. Thereafter, all the applicants tried to kill the daughter of opposite party no.2 by giving her salphas pills.
6. After having received the information, the opposite party no.2 sent his son, then all the applicants have assaulted and abused his daughter and subsequently threw her out from the matrimonial home, and she was not even allowed to take any jewelry or her belongings. The daughter called the police, and thereupon in presence of the police, some articles were given to the daughter of the opposite party no.2. She then came back to her maternal home. Thereafter, the instant F.I.R. was lodged against the applicants on 25.10.2024. Thus, from the allegations, a prima facie case is made out against all the applicants herein.
7. Therefore, in light of judgments of the Apex Court in Bhajan Lal (supra) and Neeharika Infrastructure Pvt. Ltd. (supra), this Court do not find any good reason to entertain the present application, and the same is accordingly dismissed.
(Anish Kumar Gupta,J.)
October 7, 2025
Shubham Arya
