Dismissed

Ashutosh and 2 Others v. State of U.P. and Another

Allahabad HC7 Dec 2019A227/9391/2019

Case brief

AI extract

What is this about?

The court refused to quash proceedings under Sections 498A, 504 IPC and 4 of D.P. Act in a matrimonial dispute. Instead, it granted a 30-day stay on coercive action if petitioners surrender and apply for bail, with the option to reconsider bail prayers thereafter.

What did the court decide?

Prayers for quashing dismissed; 30-day stay on coercive action granted conditional on surrender and bail application.

Ashutosh and 2 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 75

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Case :- MATTERS UNDER ARTICLE 227 No. - 9391 of 2019

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Petitioner :- Ashutosh And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Amit Rana Counsel for Respondent :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the petitioners, learned A.G.A. and perused the record.

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The present writ petition under Section 227 of the Constitution of Indian has been filed for quashing the order dated 23.10.2019 passed by the Session Judge, Bijnor in Criminal Revision No. 245 of 2019 and order dated 21.5.2019 passed by Addl. Chief Judicial Magistrate, Court No. 2, Bijnor in Complaint Case No. 1201 of 2019 (Chitra Devi Vs. Ashutosh), under Sections 498A, 504 IPC and 4 of D.P. Act, P.S. Mahila Thana, DistrictBijnor.

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As per the allegations made in the complaint, it is alleged that opposite party no. 2 was married to applicant no. 1 on 8.2.2012, however after the said marriage the petitioners started making demand of additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and also assaulted her and tried to kill her by pouring kerosene oil upon her and setting her ablaze and she was turned out of her matrimonial home.

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Learned counsel for the petitioners has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the petitioners and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

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Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the petitioners and as such, entire proceedings cannot be quashed.

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At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of

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Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the impugned orders is refused.

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However, it is directed that if the petitioners appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

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For a period of 30 days from today or till the petitioners surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid directions, this petition is finally disposed of.

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Order Date :- 7.12.2019 KU

Ashutosh and 2 Others v. State of U.P. and Another

Case brief

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Ashutosh and 2 Others v. State of U.P. and Another

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