Partly allowed

Nooruddin and 4 Others v. State of U.P. and Another

Allahabad HC2 Nov 2018A482/39903/2018

Case brief

AI extract

What is this about?

Held that prosecution against the husband cannot be quashed; application for bail considered contingent on surrender within 30 days. Proceedings against other applicants stayed pending notice and response from the opposite parties.

What did the court decide?

Prayer for quashing of cases against the husband refused. Bail consideration directed if he surrenders within 30 days. Proceedings against other applicants stayed pending notice to opposite parties.

Nooruddin and 4 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2018)

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Court No. - 55

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Case :- APPLICATION U/S 482 No. - 39903 of 2018

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Applicant :- Nooruddin And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicants and learned A.G.A.and also perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 3471 of 2016 (Smt.July Begum Vs. Nooruddin & others) under Section 498-A I.P.C. & 3/4 D.P.Act,, police station Etmaddaula, District Agra as well well summoning order dated 23.3.2017 pending before the A.C.J.M. 7th, Agra.

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The marriage between applicant no.1 and opposite party no.2 was solemnized in the year 2013.

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After having very carefully examined, the submissions made by the learned counsel for the applicants and perused the material brought on record, I find that applicant no.1 is concerned, there is no justification for quashing the prosecution of the aforementioned case.

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The prayer to that extent on behalf of applicant no.1, namely, Nooruddin is hereby refused.

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However, it is directed that in case the applicant no.1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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It is made clear that the applicant no.1 will not be granted any further time by this Court for surrendering before the Court below as directed above.

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So far as applicant nos. 2 to 5 are concerned, it has been contended by learned counsel for the applicants that they are family members( father & mother and brothers)of applicant no.1, hence the demand of dowry from them is not justified as the husband is at the most responsible for such offence allegedly committed with his wife.

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Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

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Issue notice to opposite party no.2 returnable within four weeks at the address given in the application.

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Opposite party no.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder

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affidavit may thereafter be filed within two weeks.

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List immediately after expiry of the aforesaid period before appropriate Bench.

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Till the next date of listing, further proceedings of the aforesaid case against applicant nos. 2 to 5, namely, Babu Khan, Smt.Munni Begum, Sabuddin & Shahrookh, shall remain stayed.

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Order Date :- 2.11.2018 IA

Nooruddin and 4 Others v. State of U.P. and Another

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Nooruddin and 4 Others v. State of U.P. and Another

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