Shobhit Kumar Mittal vs State Of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 1731

B. V. NAGARATHNA, R. MAHADEVAN
Shobhit Kumar Mittal – Appellant
Versus
State Of Uttar Pradesh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Saurabh Soni, Adv. Mr. Maneesh Saxena, Adv. Mr. Anupam Singh, AOR Ms. Mannat Singh, Adv.
For the Respondent(s): Dr. Vijendra Singh, AOR Mr. Vikas Bansal, Adv. Ms. Apurva Singh, Adv. Mr. Devesh Kumar Mishra, AOR Mr. Vasasntha Kumar, Adv.

JUDGMENT :

B.V. NAGARATHNA, J.

Leave granted.

2. This appeal arises out of the order dated 27.02.2024 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Writ Petition No.2676 of 2024 dismissing the application filed under Article 226 of the Constitution of India preferred by the accused/appellant, Shobhit Kumar Mittal and thereby refusing to quash the proceedings arising out of FIR No.347 of 2023 dated 09.11.2023 registered at PS Civil Lines, Meerut. The said FIR was filed by Smt. Jyoti Garg, the complainant/respondent No.2, against her husband, Mohit Mittal; her mother-in-law, Shashi Mittal and appellant No.1 herein who is her brother-in-law under Sections 323 and 498A of the Indian Penal Code, 1860 (“IPC”, for short) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (“Dowry Act”, for short).

3. Briefly stated, the facts of the case are that the complainant/ respondent No.2 got married to Mohit Mittal, brother of the accused/appellant herein on 01.05.2014. After a few months into the marriage, on account of marital discord, the complainant/ respondent No.2 left her matrimonial home and started residing at her parental home. Thereafter, both the parties