Neha And 4 Others vs State Of U.P. And Another
2022 Latest Caselaw 20742 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 27396 of 2022
 

 
Applicant :- Neha And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Pramod Kumar Sahani
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

Heard Sri Pramod Kumar Sahani, learned counsel for the applicants and learned AGA for the State.

By means of the present 482 Cr.P.C. application, the applicants is assailing the legality and validity of the charge sheet dated 13.03.2020 under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P.Act, P.S. Kotwali Mau, District Mau arising out case crime no. 595 of 2019 and cognizance order dated 07.09.2021 passed by CJM, Mau.

Contention raised by the counsel for the applicants that the applicant no.1 sister-in-law, applicant nos. 2 and 3 are Jeth (brother-in-law) and applicant nos. 4 and 5 are jethani (sister-in-law), who have no concerned of Umesh Kr. Gupta (husband) and his wife. This is general practice of the society where entire family members of the husband has been roped.

This practice is deprecated by Hon'ble Apex Court in the case of Kahkashan Kaushar @ Sonam vs State of Bihar decided on 8th February, 2022 in Crl. Appeal No.195 of 2022, whereby the Supreme Court has observed thus :

"18. The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them."

Under these circumstances, the applicants appear before the court concerned with the application under Section 88 Cr.P.C., which reads thus :-

"88. Power to take bond for appearance. When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial."

The court concerned shall release the applicants with or without sureties and shall not arrest accused applicants and sent to jail. Thereafter it is his liberty that all the applicant may move discharge application before the court concerned by 31.01.2023 and if such application is moved, the same shall be heard and decided on merits within next two months by a reasoned order.

In the event, the discharge application fails, then the applicants have got no option but to surrender and get themselves bailed out within twenty days thereafter.

With the aforesaid observation, the present application stands disposed of.

Order Date :- 12.12.2022

Abhishek Sri.