Surendra Kumar Shrma And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 4735 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- APPLICATION U/S 482 No. - 21756 of 2016
 

 
Applicant :- Surendra Kumar Shrma And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Gaurav Kakkar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and learned A.G.A. for the State of U.P.

The instant petition has been filed by the applicants with a prayer to quash the entire proceeding of Complaint Case No.1143 of 2016,  under sections 498-A I.P.C. and 4 Dowry Prohibition Act, Police Station Kanth, District Shahjahanpur pending in the Court of Civil Judge (Junior Division)/F.T. C. Shahjahanpur as well as order dated 11.5.2015 passed by A.C.J.M. III, Shahjahanpur.

It is submitted by learned counsel for the applicants that the opposite party no.2  is the wife of applicant no.1, who had firstly lodged F.I.R. against the applicants with frivolous allegations of demand of dowry and that on account of non-fulfilment of demand of dowry she was ousted from her matrimonial house, in which after investigation the  charge sheet  was submitted  by the police. The applicants have approached this Court by filing Criminal Misc. Application u/s 482 Cr.P.C. No.28428 of 2013 aggrieved  by the cognizance taken by the court below. This Court vide order dated 30.8.2013 directed the applicants to surrender before the court concerned within 45 days and apply for bail. The applicant no.1 had complied with the order passed by this Court as he surrendered and released on bail by the court below on 23.1.2014 and in respect of other applicants the proceeding was stayed by this Hon'ble Court.

It is further contended that only in order to circumvent the order passed by this Court, the opposite party no.2 has filed  another complaint to harass the applicants absolutely concealing the fact that the opposite party no.2 had already lodged an F.I.R. against the applicants. The applicants are maliciously being prosecuted which is nothing but sheer abuse of the process of law, the same is liable to be quashed.

The matter requires consideration.

Let notice be issued to opposite party no.2 returnable within four weeks, who shall file counter affidavit within the said period.

Learned A.G.A. may also file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

 Let the case be listed after expiry of the aforesaid period before the appropriate Bench.

Till the next date of listing, no coercive action shall be taken against the applicants in Complaint Case No.1143 of 2016, under sections 498-A I.P.C. and 4 Dowry Prohibition Act, Police Station Kanth, District Shahjahanpur.

Order Date :- 2.8.2016

RU