Allahabad High Court
Munnalal Verma And 4 Others vs State Of U.P. And Another on 17 August, 2016
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- APPLICATION U/S 482 No. - 24257 of 2016
Applicant :- Munnalal Verma And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Devashish Mitra
Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicants, Shri P.H. Vashishtha, learned counsel for the complainant 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 Criminal Case No.1043 of 2016 arising out of Case Crime No.979 of 2015 (State Vs. Munnalal Verma and others), under sections 406 I.P.C., Police Station Baradari , District Bareilly pending in the Court of learned Additional Chief Judicial Magistrate -Ist, Bareilly.
It is submitted by learned counsel for the applicants that the daughter of the applicant nos. 1 and 2 was married with the son of the opposite party no.2. On account of ill-treatment and non-fulfilment of demand of dowry a complaint was registered under sections 498-A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Act against the opposite party no.2 and others in which the learned Magistrate after recording the statements of the complainant and the witnesses under sections 200/202 Cr.P.C. summoned the opposite party no.2, his wife and son to face trial vide order dated 21.1.2015. The said proceeding was challenged before this Court by way of filing Criminal Misc. Application u/s 482 Cr.P.C. No.4872 of 2016 in which matter was referred before the Meditation centre for settlement vide order dated 18.2.2016. In the meantime the opposite party no.2 has lodged an F.I.R. on 26.12.2015 that the applicants came to his house and had taken away ornaments belonging to his wife. The investigating officer conducted the investigation and submitted charge sheet in a pedantic manner whereupon the court below has also taken cognizance. 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.
The opposite party no.2 is represented by learned counsel Shri P.H. Vashishtha, who shall file counter affidavit within two weeks.
Learned A.G.A. may also file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
Let the case be listed in the week commencing 19.9.2016 before the appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the applicants in Criminal Case No.1043 of 2016 arising out of Case Crime No.979 of 20-15 (State Vs. Munnalal Verma and others), under sections 406 I.P.C., Police Station Baradari , District Bareilly pending in the Court of learned Additional Chief Judicial Magistrate -Ist, Bareilly.
Order Date :- 17.8.2016
RU
