Sandeep Kumar And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2026 Latest Caselaw 118 ALL

Allahabad High Court

Sandeep Kumar And 2 Others vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 2 February, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:7476
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 659 of 2026   
 
   Sandeep Kumar And 2 Others    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Prabhakar Pandey, Pankaj Kumar Tripathi   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 16
 
   
 
 HON'BLE BRIJ RAJ SINGH, J.       

1. Heard learned counsel for the applicants and Ms. Madhulika Sircar, learned AGA for the State.

2. This application has been filed with the following main relief:

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceedings of ST/Criminal Misc. Case No.1105 of 2024; State Vs. Sandeep Kumar and others arising out of Charge Sheet No.144 of 2024 dated 13.07.2024 in pursuance of Case Crime No./First Information Report No. 115 of 2024, Under Section 498A, 304B I.P.C. and Section 3/4 D.P. Act, relating to Police Station - Rampur Kalan, District Sitapur pending before court of Learned Additional District and Sessions Judge, Court No. - 3, Sitapur alongwith summoning order dated 26.07.2024 passed by Learned Additional District and Sessions Judge, Court No. - 3, Sitapur as well as order dated 29.11.2025 passed by Learned Additional District and Sessions Judge, Court No. - 3, Sitapur on the application Under Section 250 B.N.S.S. of applicants (contained as Annexure No. 1, 2 and 3), in the interest of law and justice."

3. It has been submitted by learned counsel for the applicants that the deceased committed suicide by hanging herself and the applicants did not commit the offence. He further submits that the brother of the deceased had stated before the Magistrate that no dowry was demanded by the family members and husband. He further submits that the postmortem report also does not indicate any external and internal injury on the person of the deceased except ligature mark which was caused due to hanging. It has been submitted that the entire criminal proceedings including charge sheet etc. are liable to be quashed on the aforesaid grounds.

4. On the other hand, learned AGA has submitted that admittedly the marriage had taken place within seven years and presumption goes against the husband and in-laws of the deceased. She further submits that the allegation of dowry demand is levelled and the statement was recorded under Section 161 Cr.P.C. and thereafter charge sheet was filed after collecting the evidence in the court and this Court cannot do trial at this stage.

5. I have considered the submission made by learned counsel for the applicants.

6. It is admitted that the marriage of the deceased had taken place within seven years and it is a case of Section 304B IPC. The evidences have been collected by the Investigating Officer and this Court cannot do trial for which, certainly, evidences are to be adduced on record.

7. The application is devoid of merits. It is accordingly dismissed.

(Brij Raj Singh,J.)

February 2, 2026

Sachin