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Allahabad High Court

MOHD. WAHID KHANversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 Cr.P.C. is dismissed as not pressed because the sole applicant had died.

Summary

Mohd. Wahid Khan filed an application under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 30.11.2023 in a complaint case involving alleged offences under Sections 498-A, 323, 504 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The applicant contended that the proceedings should be stayed pending the outcome of his application. During the hearing, counsel informed the court that the sole applicant had died. The court held that because the applicant was deceased, the application could not be pressed. Consequently, the application was dismissed as not pressed and any interim order was vacated. The order was to be communicated to the lower court within three weeks.

Issues considered

  • Whether an application under Section 482 Cr.P.C. can be entertained when the sole applicant has died
  • Whether the summoning order in the underlying complaint case should be quashed

Legislation cited

Subjects

  • Section 482
  • quash of criminal proceeding
  • application dismissed
  • death of applicant
  • not pressed
  • Criminal Procedure Code
  • Indian Penal Code
  • Dowry Prohibition Act

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 45350 of 2023

                                    Mohd. Wahid Khan
                                                                                                    .....Applicant(s)
                                                                          Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)          :   Pradeep Kumar Srivastava
                                    Counsel for Opposite Party(s)     :   G.A., Prashant Kumar Tripathi, Rajeev
                                                                          Kumar Tiwari

                                    Court No. - 75
                                                              HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. Heard Sri Pradeep Kumar Srivastava, learned counsel for the applicant and
                                    Sri V.D. Ojha, learned counsel for the State and perused the records.

                                    3. The present application under Section 482 Cr.P.C. has been filed by the
                                    applicant- Mohd. Wahid Khan, with the prayer to allow the present application
                                    and quash the impugned summoning order dated 30.11.2023 in Complaint
                                    Case No. 1011 of 2023 (Nafisa Bano Vs. Sivan Akhtar and others) under
                                    Sections 498-A, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police
                                    Station Chunar, District Mirzapur, pending in the court of Civil Judge (J.D.) /
                                    F.T.C. (Crime Against Women), Mirzapur, with a further prayer that
                                    proceedings of the aforesaid case be stayed during the pendency of the
                                    present application.

                                    4. Learned counsel for the applicant submits that the sole applicant- Mohd.
                                    Wahid Khan has died and thus the present application u/s 482 Cr.P.C. be
                                    dismissed as not pressed.

                                    5. As prayed, the present application u/s 482 Cr.P.C.is dismissed as not
                                    pressed.

                                    6. Interim order, if any, stands vacated.

                                    7. Office is directed to communicate this order to the concerned court within
                                    three weeks from today.

                                    8. Pending application (s), if any, shall stand disposed of.

                                    April 23, 2026
                                    AS Rathore
                                                                                                   (Samit Gopal,J.)



Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad


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