Allahabad High Court
Sudhir Kumar And Others vs State Of U.P. Thru. Prin. Secy. ... on 8 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 4489 of 2023
Applicant :- Sudhir Kumar And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Another
Counsel for Applicant :- Smriti
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri B.N.Nishad, learned A.G.A. for the State and perused the material placed on record.
Instant application under section 482 Cr.P.C. has been filed with the prayer to quash the order dated 06-07-2021, passed by the Civil Judge, Junior Division(Mahila), district-Hardoi in Case No. 9082 of 2021, State Vs Sudhir and Others, Case Crime No. 1 of 2019, U/s 498-A,323,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana, District-Hardoi as well as Chargesheet No. 46 of 2019, dated 26-06-2019.
Learned counsel appearing for the applicants submits that the applicants are innocent and have falsely been implicated in the instant matter. She next added that the instant matter pertains to the year 2010 and the complainant is residing in her parental house since the year 2010 and as such, there is no question of demand of any dowry as has been alleged in the first information report. Further by way of filing the instant first information report, the complainant is putting pressure over the applicants. The applicant no. 1 is the husband and the applicant nos. 2 to 5 are the married brother, sister, father and mother of the applicant no.1 and the general allegation of demand of dowry has been levelled against all the applicants. She further submits that the case of the present applicants is squarely covered with the ratio of Judgment 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 and thus, the chargesheet and the summoning issued against the 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 there are allegations against the present applicants for committing offene as the dowry has been demanded by them and the complainant was tortured and thus, the applicants are not entitled for any relief.
Considering the submissions of learned counsel for the parties and after perusal of material placed on record, the instant application on behalf of applicant no. 1,Sudhir , who is husband of the opposite party no. 2, is hereby dismissed. However, the applicant no. 1 is at liberty to move a bail application before the trial court concerned.
So far as the applicant nos. 2 to 5 are concerned, they are Father-in-law, Mother-in-law, Devar and Nanand of the complainant and the general allegation of demand of dowry has been levelled against all of them. Thus, the criminal proceedings initiated in pursuance of order dated 06-07-2021, passed by the Civil Judge, Junior Division(Mahila), district-Hardoi in Case No. 9082 of 2021, State Vs Sudhir and Others, Case Crime No. 1 of 2019, U/s 498-A,323,506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Mahila Thana, District-Hardoi is hereby stayed till the next date of listing.
Let notices 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 Second Week of July,2023.
In the meantime, learned A.G.A. as well as learned counsel for the opposite parties no. 2 may file their Counter Affidavits.
Order Date :- 8.5.2023
AKS
