Allahabad High Court
Khajan Singh And Others vs State Of U.P. Thru. Prin. Secy. ... on 25 May, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- APPLICATION U/S 482 No. - 5263 of 2023
Applicant :- Khajan Singh And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Bhupendra Nath Tripathi,Vineet Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicants, Sri Girijesh Dwivedi, 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 set aside/quash the impugned cognizance and summoning order dated 14-10-2022 passed by the learned Judicial Magistrate-III, Lucknow in W/S Criminal Case No. 106591 of 2022, State Vs Khajan Singh and others, and the impugned Chargesheet No. 01 of 2021, dated 16-12-2021 filed by the police under sections 498-A,323,504 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Case Crime No. 0038 of 2021, Police Station-Alambagh, District-Lucknow Rural.
Learned counsel appearing for the applicants submits that the applicant no. 1 is the Father-in-law and and the applicant nos. 2 & 3 are Nanands. He added that bald and general allegations have been levelled against all the family members including the husband for demand of dowry. The husband of the opposite party no. 2 committed suicide due to abetment by wife and her family members. He added that now the applicant no.1, Father-in-law, who is 66 years of age and applicant nos. 2 & 3, who are Nanands, are suffering for their no fault as they have no concern with any kind, as has been alleged in the first information report. He added that lodging of the first information report against the present applicants is nothing but, amount to harassment.
In support of his contentions, he has placed reliance on 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.
Adding his arguments, he submits that the case of the present applicants is squarely covered with the ratio of aforesaid Judgments and thus, submission is that the criminal proceedings against the applicants may be quashed.
On the other hand, learned A.G.A. appearing for the State has opposed the contentions aforesaid and submits that there is specific allegation against the applicants for demand of dowry in first information report and they are involved in committing offence and thus, the applicants are not entitled for any relief.
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 Second Week of July,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 proceedings initiated in pursuance of cognizance and summoning order dated 14-10-2022 passed by the learned Judicial Magistrate-III, Lucknow in W/S Criminal Case No. 106591 of 2022, State Vs Khajan Singh and others, and the impugned Chargesheet No. 01 of 2021, dated 16-12-2021 filed by the police under sections 498-A,323,504 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Case Crime No. 0038 of 2021, Police Station-Alambagh, District-Lucknow Rural, shall remain stayed so far as the present applicants are concerned.
Order Date :- 25.5.2023
AKS
