Allahabad High Court
Swapnil Srivastava And 2 Others vs State Of U.P. Thru. Its Prin. Secy. ... on 27 July, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:49566
Court No. - 28
Case :- APPLICATION U/S 482 No. - 86 of 2023
Applicant :- Swapnil Srivastava And 2 Others
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Amit Srivastava
Counsel for Opposite Party :- G.A.,Prabh Jot Kaur,Ravi Kant Mishra,Vijay Kumar
Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Vijay Kumar, Advocate assisted by Shri Ravi Kant Mishra, learned Counsels for the opposite party No.2 and perused the material placed on record.
2. The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge-sheet dated 28.03.2022 submitted in Criminal Case No.82084 of 2022, Crime No.0414 of 2021 under Sections 498-A, 504 and 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Gomti Nagar, District-Lucknow (State of U.P. vs. Swapnil Srivastava and Others) upon which learned Court CJM below took cognizance and summoned the applicants vide impugned summoning order dated 02.08.2022.
3. Learned counsel appearing for the applicants submits that the applicant no. 2, namely- Suman Asthana, who was the mother in law of the opposite party No.2 died during the pendency of this application. He further submits that the applicant No.1 is the husband and applicant No.3 is the sister in law of the opposite party No.2. He next added bald and general allegations have been leveled against all the applicants for demand of dowry as well as torturing the opposite party no. 2 though no such offence has ever been committed by the applicants. He submits that infact the first information report has been lodged due to annoyance and thereafter, the Investigating Officer, without collecting the material evidence, has filed the chargesheet.
4. Adding his arguments, he submits that the cognizance has also erroneously been taken by the learned trial court and that goes purportedly against the provisions of Section 3/4 of the Dowry Prohibition Act and thus, submission is that the criminal proceedings against the applicants may be quashed.
5. On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that the applicants are named in the first information report and they have committed offence and after investigation, it is found that there are evidences against the applicants and thus, submission is that the applicants are not entitled for any relief.
6. After the aforesaid arguments, learned counsel for the applicants submits that since the applicant no. 3 is sister in law and thus, benefit of the ratio of 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, may be accorded to her.
7. In view of the aforesaid submissions, the instant application on behalf of applicant no. 1, namely-Swapnil Srivastava, who is the husband, is hereby dismissed.
8. The applicant no. 1 is given liberty to surrender before the trial court concerned and move bail application, which shall be considered and decided in the light of Judgment of the Apex Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.
9. So far as the applicant no. 3, namely-Snehil Saxena, is concerned, till the next date of listing, the criminal proceedings initiated in pursuance of the impugned charge-sheet dated 28.03.2022 submitted in Criminal Case No.82084 of 2022, Crime No.0414 of 2021 under Sections 498-A, 504 and 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Gomti Nagar, District-Lucknow (State of U.P. vs. Swapnil Srivastava and Others), shall remain stayed against her.
10. List/put up this matter immediately after the expiry of said period.
11. In the meantime, learned A.G.A. as well as learned counsel for the opposite party no. 2 may file their Counter Affidavits.
12. One week's time thereafter shall be available to the applicants to file the rejoinder affidavit, if any.
(Shree Prakash Singh, J.)
Order Date :- 27.7.2023
Piyush/-
