Allahabad High Court
DEEPAK KUMAR JHA @ SANJAY KUMAR JHA @ SANJAY JHA AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed as the charge‑sheet has already been filed, leaving no ground to continue the petition.
Summary
Petitioners Deepak Kumar Jha and others filed a criminal miscellaneous writ petition seeking the quash of FIR No. 0083/2025 dated 29.03.2025 under IPC sections 498A, 504 and Sections 3 and 4 of the Dowry Prohibition Act. The State, represented by the learned A.G.A., informed the Court that a charge‑sheet had already been filed on 20.04.2025. Petitioners then prayed for dismissal of the writ in view of the charge‑sheet. The Court, after hearing counsel, held that there was no merit in keeping the petition pending once the charge‑sheet was filed and dismissed the writ petition. The dismissal was ordered without any further adjudication on the merits of the FIR.
Issues considered
- Whether a criminal miscellaneous writ petition seeking quash of an FIR can be entertained after a charge‑sheet has been filed.
- Whether the FIR under IPC 498A, 504 and Dowry Prohibition Act §§3,4 should be set aside.
Legislation cited
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 498A, 504
Subjects
- criminal procedure
- writ petition
- quash FIR
- IPC 498A
- Dowry Prohibition Act
- charge sheet
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 8891 of 2025
Deepak Kumar Jha @ Sanjay Kumar Jha @ Sanjay
Jha And 2 Others .....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Mishra, Yogesh Mishra
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been filed seeking following main
reliefs:-
"उत्प्रेषण या अन्य उचित प्रकृति का लेख/आदेश/निर्देश निर्गत करते हुए याचीगण के विरुद्ध, प्रतिपक्षी सं० 4/
शिकायतकर्ता द्वारा दर्ज कराये गये उक्त प्रथम सूचना रिपोर्ट संख्या 0083 वर्ष 2025 दिनांकित
29.03.2025, अन्तर्गत धारा 498ए, 504 भारतीय दण्ड संहिता, 1860 व 3/4 दहेज प्रतिषेध अधिनियम,
1961, सरकार बनाम दीपक कुमार झा उर्फ संजय कुमार झा एवं अन्य, थाना मडु वाडीह, जिला /इकाई वरूणा
(कमिश्नरेट वाराणसी) को न्यायहित में निरस्त किया जाय।"
2. Learned A.G.A. appearing on behalf of State-respondents has
submitted that after completion of investigation, charge-sheet has
been forwarded on 20.04.2025 before the court concerned.
3. At this juncture, learned counsel appearing on behalf of the
petitioners submitted and prayed that the instant writ petition may
be disposed of in the light of the statement given by learned
A.G.A.
4. Heard Mr. Yogesh Mishra, learned counsel appearing on behalf
of the petitioners and Mr. K.P. Pathak, learned A.G.A. appearing
on behalf of the State-respondents and perused the material on
record.
CRLP No. 8891 of 2025
2
5. Taking into consideration the submissions advanced by learned
counsel for the parties and the fact that charge-sheet has already
been forwarded, we do not find any good reason to keep this
petition pending for further adjudication.
6. In view of the above, the instant writ petition is dismissed.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 16, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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