Gauri Shankar And Another vs State Of U.P. & Another
2015 Latest Caselaw 647 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- APPLICATION U/S 482 No. - 12935 of 2015
 

 
Applicant :- Gauri Shankar And Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Fakhr Uz Zaman
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Ms. Margret Robert, Advocate holding brief of Sri Fakhr Uz Zaman, learned counsel for the applicants, learned A.G.A. and perused the record.

This application under section 482 Cr.P.C. has been filed seeking quashing of the complaint case no. 722 of 2014 (Smt. Bhavna Vs. Gauri shankar & others) under sections  498-A, 323, 506 I.P.C. and 3/4 of Dowry Prohibition Act police station Shahjahanpur, District Jhansi pending before the Court of Civil Judge (J.D.), Jhansi.

On perusal of complaint case, I find no specific allegation of assault made out against the applicant no.2 namely, mother-in-law of the opposite party no.2 but so far as applicant no. 1, who is the husband of the opposite party no. 2 is concerned, I do not find any good ground for interference with the proceedings. Therefore, so far as applicant no. 1 is concerned, his application is rejected. The proceedings in the above case may go on against him.

So far as the applicant no.2 is concerned, the matter requires consideration

Issue notice to the opposite party no. 2 returnable within four weeks.

Steps for service shall be taken by the applicants within three days.

Opposite party no. 2 may file counter affidavit within four weeks.

List thereafter.

Till the next date of listing further proceedings, so far as applicants no. 2 and 3 are concerned, in complaint case no. 722 of 2014 (Smt. Bhavna Vs. Gauri shankar & others) under sections  498-A, 323, 506 I.P.C. and 3/4 of Dowry Prohibition Act police station Shahjahanpur, District Jhansi pending before the Court of Civil Judge (J.D.), Jhansi shall remain stayed.

However, so far as applicant no. 1, who is husband of the complainant, is concerned, it is provided that in case he appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

Order Date :- 25.5.2015

Ashish Pd.