The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash a charge sheet and cognizance order arising from matrimonial offences, holding that prima facie offences were made out.
Prayer to quash the charge sheet and cognizance order refused.
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Court No. - 5
Case :- APPLICATION U/S 482 No. - 20100 of 2018
Applicant :- Smt. Sheela Devi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lalit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 08.03.2017 along with cognizance order dated 04.09.2017 in Criminal Case No. 1620 of 2017 (State Vs. Rajendra Singh & others) arising out of Case Crime No. 598 of 2016, under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Etmaddaula, District Agra.
From a perusal of the material placed on the record, the Court is of the considered view that presently it cannot be said that commission of offences prima facie is not made out.
Consequently, the aforesaid prayer is refused. However, it is left open to the applicants to apply for bail before the concerned Court. The Court further observes that in case such an application is made, the same shall be considered and disposed of bearing in mind the decisions rendered by this Court on the subject.
The application is accordingly disposed of .
Order Date :- 4.6.2018 NS
1 issue framed by the court
Whether the charge sheet and cognizance order in the matrimonial offences case should be quashed.
1 provisions across 1 enactments
Smt. Sheela Devi And 2 Others
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
