Allahabad High Court
KANIJ BEGUM @ NAJMA AND 2 OTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The Court held that the application under Section 482 Cr.P.C. was to be dismissed as withdrawn, thereby vacating the interim order.
Summary
The applicants Kanij Begum @ Najma, Kajim Hasain Kha and Darkasha filed an application under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings in Complaint Case No. 1855 of 2019 (Shahnazbano v. Mismetmmar) involving offences under IPC sections 323, 504, 506, 498‑A and the Dowry Prohibition Act. During the hearing, the applicants informed the Court that they wished to withdraw the application. The Court allowed the prayer to withdraw, dismissed the application as withdrawn, and vacated any interim order that had been passed. The order was directed to be communicated to the concerned court within three weeks, and any pending applications were ordered to stand disposed.
Issues considered
- Whether the application under Section 482 Cr.P.C. seeking quash of the criminal proceedings should be entertained.
- Whether the applicants may withdraw the Section 482 application at the stage of hearing.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Section 482
- criminal procedure
- quash of proceedings
- withdrawal of application
- interim order
- dowry prohibition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 21047 of 2021
Kanij Begum @ Najma And 2 Other
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Babita Shukla, Ram Prakash Shukla
Counsel for Opposite Party(s) : Ashiyam Nasir, G.A., Shabeena Begum
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Sudeep Dwivedi, Advocate holding brief of Ms. Babita Shukla,
learned counsel for the applicants and Sri Bade Lal Bind, learned counsel for
the State and perused the records. Ms. Ashiyam Nasir and Ms. Shabeena
Begum, learned counsels for the opposite party no.2 are not present even
when the matter is taken in the revised list.
3. The present application under Section 482 Cr.P.C. has been filed by the
applicants- Kanij Begum @ Najma, Kajim Hasain Kha and Darkasha, 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, (Shahnazbano Vs. Mismetmmar and others), under Sections 323, 504,
506, 498-A I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station
Kotwali, District Jaunpur, pending in the court of Judicial Magistrate-1st,
Court No.17, Jaunpur, with a further prayer that proceedings of the aforesaid
case be stayed during the pendency of the present application.
4. Learned counsel for the applicants submits 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. Interim order, if any, stands vacated.
A482 No. 21047 of 2021
2
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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