Allahabad High Court
Srimati Neelam Tripathi And ... vs The State Of U.P Thru Principal ... on 8 July, 2019
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- U/S 482/378/407 No. - 554 of 2011
Applicant :- Srimati Neelam Tripathi And Another
Opposite Party :- The State Of U.P Thru Principal Secy., And Another
Counsel for Applicant :- Rishad Murtaza
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Chandra Dhari Singh,J.
The instant petition under Section 482 of Cr.P.C. has been filed for quashing of the proceedings of Case No.1821-A of 2010 pending in the Court of the Additional Chief Judicial Magistrat4-Vth, Lucknow relating to Case Crime No.42 of 2010, under Sections 498-A, 323, 504, 506 of IPC and Section 3(1)(X) of SC/ ST Act, Police Station Krishna Nagar, District Lucknow.
Brief facts of the case are that a first information report in Case Crime No.42 of 2010, under Sections 498-A, 323, 504, 506 of IPC and Section 3(1)(X) of SC/ ST Act at Police Station Krishna Nagar, District Lucknow was lodged against the petitioners on 31.01.2010. As per the FIR, the complainant Smt. Sushma Gautam Tripathi married to one Mr. Rajiv Kumar Tripathi on 15.06.2005. All the accused and the complainant belong to different castes. It is alleged in the FIR that the father of the complainant had given motorcycle, television, refrigerator, jewelries and other household articles and also Rs.51,000/- cash. It is also alleged that the complainant was being harassed by the accused persons for dowry. The complainant was beaten up and thrown out from her matrimonial house.
Learned Counsel appearing for the petitioners submits that petitioner no.1 is married sister-in-law (Nanad) of respondent no.2 whereas petitioner no.2, who is father-in-law, is now aged about 58 years. The allegations made in the FIR is totally false and fabricated as the same have been levelled only to harass them.
Learned Counsel further submits that the main accused Mr. Rajiv Kumar Tripathi has been acquitted vide order dated 09.11.2010 passed by learned Special Judge (SC/ ST Act), Lucknow in ST No.732 of 2010 (State Vs. Rajeev Kumar Tripathi) arising out of Case Crime No.42 of 2010. In the said proceedings, the complainant P.W. 1 had turned hostile and after considering the entire material and the evidence available on record, the court concerned has acquitted the husband of the complainant.
Learned Counsel for the petitioner contends that the present criminal proceedings against the petitioner is nothing but a malicious prosecution, therefore, the same is liable to be quashed.
Learned A.G.A. has vehemently opposed the prayer of the petitioner and conceded the fact that the main accused has already been acquitted by the court below vide order dated 09.11.2010.
I have heard learned Counsel for the parties and perused the record.
It is not in dispute that during trial the complainant P.W. 1 turned hostile and as a result whereof the main accused Rajeev Kumar Tripathi has been acquitted by the court below after considering the material available on record.
Since the main accused has already been acquitted by the court below, nothing remains to be adjudicated in the matter.
Accordingly, the instant application is allowed and the proceedings initiated in Case No.1821-A of 2010 pending in the Court of the Additional Chief Judicial Magistrat4-Vth, Lucknow arising out of Case Crime No.42 of 2010, under Sections 498-A, 323, 504, 506 of IPC and Section 3(1)(X) of SC/ ST Act, Police Station Krishna Nagar, District Lucknow is quashed.
Order Date :- 8.7.2019
akverma
