NA528/2242/2025 of VIJAY PRAKASH GUPTA Vs STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO. AND ANOTHER on 19 December 2025

1. Heard learned counsel for the applicant as also the learned A.G.A. for the State and perused the record.

2. The applicant has filed this application with the following main prayer: ".......... this Hon'ble Court may kindly be pleased to quash the order dated 18/10/2025 in Case No. 687/2025 (Vijay Prakash Gupta v. Sangeeta Gupta), passed by Learned Court of Additional Principal Judge, Family Court No. 8, whereby the petitioner's application under Section 340 Cr.P.C. / Section 357 BNSS is rejected."

3. It has been submitted that the opposite party No. 2 Smt. Sangeeta Gupta has filed Case No. 1236 of 2022 under Section 125 Cr.P.C. before the Family Court on absolutely false, fabricated and misleading averments for grant of maintenance. In para- 3 she alleged that "all the opposite parties tortured her", but no names were mentioned, and only the husband (applicant) was arrayed as a party, which shows deliberate falsification. Further the opposite party no.2 has also lodged Versus Counsel for Applicant(s) : Sachin Kumar Pandey, Abhishek Singh Counsel for Opposite Party(s) : G.A. Vijay Prakash Gupta .....Applicant(s) State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

the FIR No. 365/2023, Under Section 498-A, 323, 504, & 506 L.P.C, P.S.- Banthara, District- Lucknow North (Commissionerate Lucknow). The opposite party no.2 has falsely implicated the entire family members i.e. his sisters namely Durgesh Nandini, Meenu and Jai Nandini and their husband. All are married way back prior to the marriage of applicant and opposite party no.2 and they are living separately since then. Therefore the names of all the other accused people, except the applicant (husband) have been removed from the charge sheet. The applicant filed application under Section 340 Cr.P.C./357 BNSS seeking criminal prosecution for offences under Section 195 Cr.P.C, read with Sections 379 and 214 of the BNSS. Counsel for the applicant has further invited attention of the court towards cross-examination of the opposite party No. 2 and has submitted that she has stated that she is double post-graduate, which is a false statement. Similarly, she has deposed before the court that she has no experience of working in government or non-government institution, whereas she is getting E.S.I. deduction, which indicates that she was in service. The court rejected the application vide order dated 18.10.2025, which is under challenge herein.

4. Learned A.G.A. for the State has submitted that the original proceedings are going on and whatever false statements have been made therein, can be addressed in that case also. The order, impugned herein, is perfectly just, legal and valid, warranting no interference of this Hon'ble Court.

5. After going through the judgment, impugned herein, it is clear that the application under Section 125, Cr.P.C. filed by the opposite party No. 2 is pending in which proceeding is going on. If any wrong fact is mentioned, the same may be subject matter of evidence in the pending case. Only on the basis of allegation of false statement proceeding under Section 340 Cr.P.C. cannot be allowed to continue. It is a case of matrimonial dispute between the applicant and opposite party NA528 No. 2242 of 2025

No. 2, which is yet to be decided. The application under Section 340 Cr.P.C. needs no interference. The application is accordingly rejected. December 19, 2025 A.Nigam NA528 No. 2242 of 2025

(Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench