Allahabad High Court
Gangooram @ Gangaram And 2 Other vs State Of U.P Thru. Prin. Secy. ... on 3 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 5752 of 2023
Applicant :- Gangooram @ Gangaram And 2 Other
Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. And Another
Counsel for Applicant :- Ram Chandra Dwivedi,Aakash Srivastava,Apoorv Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, so far as it relates to the applicants of the Case No. 4247 of 2022, State Vs Ajeet Kumar and Others, pending in the court of Civil Judge, J.D./F.T.C.(Female), Hardoi and the summoning order dated 11-03-2022 passed by the Civil Judge, J.D./F.T.C.(Female), Hardoi and Chargesheet No. 121 of 2021, dated 10-11-2021, arising out of Case Crime No. 132/2021, under sections 498-A,323,504,506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Kotwali City, District-Hardoi.
Learned counsel appearing for the applicants submits that the applicant no. 1 is the father-in-law, applicant no. 2 is the mother-in-law and the applicant no. 3 is the brother of the husband of daughter of opposite party no. 2. He next added that there are general allegations against all the applicants for dowry demand. He added that no such dowry demand was ever raised by the applicants and due to anonymity, the opposite party no. 2 has named the present applicants in the first information report.
He further submits the case of the present applicants is squarely covered with the ratio of the Judgment of the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, reported in 2012(10) ADJ 464 and Kahkashan Kausar alias Sonam and Others Vs State of Bihar and Others, reported in (2022)6 SCC 599. Thus, submission is that the criminal proceedings against the present applicants may be quashed.
On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contentions aforesaid and submits that the present applicants are named in the first information report and after thorough investigation, it was found that the applicants were involved in committing offence and as such, no interference is warranted by this court and therefore, the present application may be dismissed.
Considering the aforesaid submissions, the matter requires consideration.
Let notice be issued to opposite party no. 2 returnable at an early date.
Steps be taken within a week.
List/put up this matter in the first week of August, 2023.
In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.
Till the next date of listing, the further proceedings initiated in pursuance of Case No. 4247 of 2022,State Vs Ajeet Kumar and Others pending in the court of Civil Judge, J.D./F.T.C.(Female), Hardoi and the summoning order dated 11-03-2022 passed by the Civil Judge, J.D./F.T.C.(Female), Hardoi and Chargesheet No. 121 of 2021, dated 10-11-2021, arising out of Case Crime No. 132/2021, under sections 498-A,323,504,506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Kotwali City, District-Hardoi, shall remain stayed so far as the present applicants are concerned.
Order Date :- 3.7.2023
AKS
