HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 58 Case :- APPLICATION U/S 482 No. - 11763 of 2015 Applicant :- Naki Ahmad And 4 Others Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- Govt. Advocate Hon'ble B. Amit Sthalekar,J.
Heard Sri Ashutosh, learned counsel for the applicants and learned A.G.A. for the State-respondents.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 8.8.2014 passed by Judicial Magistrate, Court No.02, Bareilly in Complaint Case No.572 of 2014, under sections 498-A, 323 I.P.C. and 3 /4 Dowry Prohibition Act, Police Station Fathehganj West, District Bareilly (Smt. Raveena Vs. Yusuf and others, as well as proceedings thereunder.
From perusal of documents on record it appears that in the complaint allegations have made been against the applicants father in law, mother in law, sister in laws and brother in law and all the allegations are general in nature and absolutely vague. The allegations is that soon after the marriage the applicants were demanding a four wheeler maruti van and rupees two lacs. However, statement of Nathu Shah, father of the complainant opposite party no.2 shows that there was a dispute regarding demand of dowry between the complainant and her husband Yusuf. There is no allegation against the present applicants.
In this view of the matter, in my opinion, allegations against the applicants are vague and frivolous in nature.
In view of above, the application u/s 482 Cr.P.C. is allowed and proceeding of summoning order dated 8.8.2014 passed by Judicial Magistrate, Court No.02, Bareilly in Complaint Case No.572 of 2014, under sections 498-A, 323 I.P.C. and 3 /4 Dowry Prohibition Act, Police Station Fathehganj West, District Bareilly (Smt. Raveena Vs. Yusuf and others, are quashed against the present applicants.
Order Date :- 7.5.2015 RU