Vinamra Trivedi And Another vs State Of U.P. And Another
2021 Latest Caselaw 7024 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 5431 of 2021
 

 
Applicant :- Vinamra Trivedi And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Aditya Bhushan Singhal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Agarwal,J.

None for the applicant though the link was sent to Sri Aditya Bhushan Singhal, learned counsel for the applicants.

This application has been filed seeking quashing of the impugned charge sheet dated 16.02.2019 under Sections 498A, 323, 504 and 506 IPC and 3/4 of D.P. Act originating from Case Crime No.172 of 2018 registered at Police Station Nazirabad, District Kanpur Nagar in regard to which Case No.11770 of 2019 is pending before the court of learned Chief Metropolitan Magistrate Kanpur Nagar with a further prayer to stay the proceedings.

As nobody is appearing for the applicants, file perused with the help of Sri Janardan Prakash, learned AGA.

It appears from the record that FIR was registered against applicant no.1, husband of the victim and Rani Dwivedi, mother-in-law of the victim alleging that marriage of the victim had taken place on 12.11.2016 as per Hindu traditions. Complainant had given dowry as per his capacity, but the victim was beaten by the members of the family for want of dowry. Despite several interventions, she was not treated properly and was thrown out of her matrimonial home. She was so brutally beaten that she had to undergo abortion, for which, she was admitted in Paras Hospital, Ghaziabad on 24.04.2017 and under such facts and circumstances case came to be registered which is subject matter of adjudication before this Court.

Learned AGA submits that earlier applicants had filed Criminal Misc. Writ Petition No.23626 of 2018, in which vide order dated 28.08.2018, court concerned had refused to quash the FIR on the basis of material brought on record. However, it directed to not to take any coercive measures till submission of police report under Section 173 (2) Cr.P.C. Applicants were granted liberty to apply for bail and had directed the learned court below to decide the same in terms of the law laid down in case of Amrawati and Others vs. State of U.P., 2005 CRLJ 755 as well as judgment of Supreme Court in case of Lal Kamlendra Pratap Singh vs. State of U.P., 2009(3) ADJ 323.

Perusal of the said order reveals that once Division Bench of this Court had applied itself to the facts and circumstances of the case and had refused to show any indulgence of quashing of the FIR, then quashing of subsequent charge sheet and order of summoning etc. cannot be quashed because there is no new material to be appreciated at the state of summoning and thus, application is bereft of merits, deserves to be dismissed and is dismissed.

Order Date :- 5.7.2021

Ravi/-