Allahabad High Court
MISMETMMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 482 Cr.P.C. is dismissed as withdrawn.
Summary
The applicants Mismetmmar, Kazim Husain and Kaniz Begum filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Complaint Case No. 1855 of 2019) filed under Sections 323, 504, 506, 498‑A of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. They later filed a withdrawal application on 31 July 2023, requesting that the Section 482 application be dismissed. The High Court allowed the withdrawal prayer and dismissed the application as withdrawn, noting that no interim order had been passed. The court directed the order to be communicated to the concerned lower court within three weeks. Consequently, the pending application was disposed of.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Section 482
- quash criminal proceedings
- withdrawal of application
- IPC
- Dowry Prohibition Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 19563 of 2023
Mismetmmar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Sudeep Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Sudeep Dwivedi, learned counsel for the applicants and Sri Bade Lal
Bind, learned counsel for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants-
Mismetmmar, Kazim Husain @ Kajamul Hasan and Kaniz Begum @ Najma, with
the prayer to allow the present application and quash the entire proceeding as well as
summoning order dated 16.02.2021 in Complaint Case No. 1855 of 2019 (Shahnaz
Bano Vs. Mismetmmar and others), under Sections 323, 504, 506, 498-A I.P.C. and
3/4 Dowry Prohibition Act, Police Station Kotwali, District Jaunpur, pending in the
court of Judicial Magistrate-Ist, Court No.17, Jaunpur, with a further prayer that
proceedings of the aforesaid case be stayed during the pendency of the present
application.
4. An application for withdrawal dated 31.07.2023 has been pressed by learned
counsel for the applicants to submit that the present application u/s 482 Cr.P.C. be
dismissed as withdrawn.
5. Prayer is allowed.
6. The present application u/s 482 Cr.P.C. is dismissed as withdrawn.
7. The records do not show passing of any interim order.
8. Office is directed to communicate this order to the concerned court within three
weeks from today.
9. Pending application (s), if any, shall stand disposed of.
September 14, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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