Allahabad High Court
Smt. Haseen Begum (Nanad) & 2 ... vs State Of U.P. & Another on 4 September, 2017
Bench: Abhai Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 22
Case :- APPLICATION U/S 482 No. - 28055 of 2017
Applicant :- Smt. Haseen Begum (Nanad) & 2 Others
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Shahid Ali Siddiqui
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No.769 of 2017 (State vs. Hassena Begum and others) pending before learned Civil Judge (Senior Division)/F.T.C., Rampur arising out of Case Crime No.0149 of 2017, under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shahjadnagar, District Rampur and also to quash the charge-sheet No.106 of 2017 dated 21.5.2017.
It is submitted by the learned counsel for the applicants that one of the sister, who was named in the FIR has been exonerated by the investigating officer on the ground that she lives in another village, whereas the applicant no.1, who is also Nand of opposite party no.2 lives in the same village where the husband of the prosecutrix lives has not been exonerated. Mother was not named in the FIR, but her name has been included during investigation. It is further submitted that a proceeding under Section 9 of Hindu Marriage Act for restoration of conjugal rights has also been initiated by the husband of opposite party no.2.
Learned counsel for the applicants also cited the law propounded by Hon'ble Apex Court in the case of Geeta Mehrotra vs. State of U.P. and another, (2012) 10 SCC 741.
From perusal of the record as well as on the basis of submissions made by learned counsel for the applicants, it cannot be said that the complicity of husband and mother are not trustworthy. However. the proceedings against the applicant no.1, who is living separately from the husband, prima facie, can be termed to be falsely entangled in the present case.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the applicants, the matter requires reconsideration.
Issue notice to the opposite party no.2 to file counter affidavit within four weeks from today. Rejoinder affidavit, if any, can be filed within two weeks thereafter.
State may also file counter affidavit within four weeks.
Steps be taken within a week.
List immediately thereafter.
The further proceedings against the applicant no.1 Smt. Haseen Begum in Criminal Case No.769 of 2017 (State vs. Hassena Begum and others) pending before learned Civil Judge (Senior Division)/F.T.C., Rampur arising out of Case Crime No.0149 of 2017, under Sections 498-A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shahjadnagar, District Rampur, shall remain stayed till the next date of listing.
The proceedings against the applicant nos.2 and 3, namely, Ikrar Husain (Husband) and Hafiz Bano (Mother) will go on as per law.
The matter will not be treated as tied-up or part-heard to this Bench. It will be listed before the appropriate Bench.
Order Date :- 4.9.2017
Ajeet
