Kunwar Amit Singh Jadon And Ors. vs The State Of U.P And Anr.
2014 Latest Caselaw 3425 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 
Case :- U/S 482/378/407 No. - 3097 of 2014
 
Applicant :- Kunwar Amit Singh Jadon And Ors.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Pratul Prakash Srivastava,Rohitash Kumar Singh
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1. This petition filed under Section 482 of the Code of Criminal Procedure seeks quashing of chargesheet filed in Case Crime No.166 of 2013 under Sections 498A/323/504/506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Talkatora, District Lucknow.

2. Learned counsel contends that F.I.R. is highly exaggerated.  Petitioner nos.4 and 5 are married sisters-in-law of respondent no.2 and could not have been involved in commission of the offence, as alleged.  The said petitioners could not have gained by any demand of dowry, and because they were living in their matrimonial home, they had no occasion to harass respondent no.2.

3. In regard to petitioner nos.1 to 3 learned counsel contends that let the petition be dismissed as not pressed.

4. This petition is disposed of as not pressed in regard to petitioner nos.1 to 3 only on the statement given by learned counsel appearing for the said petitioners. However, considering the nature of issue, viz. criminal proceedings arising on account of matrimonial discord, in case the said petitioners apply for bail within three weeks from the date of receipt of a copy of this order, their application for bail shall be disposed of expeditiously.

5. Issue notice in regard to the case of petitioner nos.4 and 5 to respondent no.2 through Chief Judicial Magistrate, Lucknow, returnable on 29.8.2014.

6. List on 29.8.2014.

7. Respondent no.2 and petitioner no.1 shall remain present in Court on the next date of listing.

8. It is further directed that proceedings in regard to only petitioner nos.4 and 5 shall remain stayed till the next date of listing.

Order Date :- 21.7.2014/A.Nigam