Farhat Mumtaz Ali vs State Of U.P. Thru. Chief Secy. ...
2023 Latest Caselaw 28791 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:67813
 
Court No. - 28
 
Case :- APPLICATION U/S 482 No. - 8997 of 2023
 
Applicant :- Farhat Mumtaz Ali
 
Opposite Party :- State Of U.P. Thru. Chief Secy. Deptt. Of Home Lko. And Another
 
Counsel for Applicant :- Vikas Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Supplementary filed today is taken on record.

Heard learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned A.G.A.-I for the State and perused the material placed on record.

Instant application has been filed with the prayer to quash the impugned charge sheet no.29 of 2013 dated 1.9.2013 filed in the Case Crime No.2 of 2013 under Sections 498A, 504, 506, 406, 494 I.P.C. & 3/4 Dowry Protection Act, 1961, Police Station Mahila Thana, Lucknow and summoning order dated 6.11.2013 along with entire proceeding with its Case No.4691 of 2013 (State Vs. Feroj Mumtaj and others) pending before the Judicial Magistrate/Fast Track Court (Crime Against Women), District Lucknow.

Learned counsel for the applicant submits that the applicant is mother-in-law and she is not involved in committing any offence. He next submitted that the dispute is arising out of matrimonial issue and false and concocted story has been narrated in the First Information Report though there is no truthfulness in the same. He further added that there are general and bald allegations against the applicants, as such the case of the applicant is covered with the Judgments of the Apex Court rendered in the cases of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464 and Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others, (2022) 6 SCC 599. He thus submits that the criminal proceedings against the applicant may be quashed.

On the other hand, learned A.G.A. for the State has opposed the contention aforesaid and submits that the applicant is named in the First Information Report and after investigation, it was found that she was involved in offence, as such, charge sheet has been filed against her, thus, the applicant is not entitled to any relief.

Let notice be issued to the opposite party no.2 returnable at an early date.

Steps be taken within one week.

List/put up this matter in the fourth week of November 2023.

In the meantime, State and the opposite party no.2 may file their counter affidavits.

Till the next date of listing, criminal proceedings ofCase No.4691 of 2013 arising out of Case Crime No.2 of 2013 under Sections 498A, 504, 506, 406, 494 I.P.C. & 3/4 Dowry Protection Act, 1961, Police Station Mahila Thana, Lucknow shall remain stayed so far as the applicant is concerned.

Order Date :- 16.10.2023

Ram Murti