Dismissed

Santosh Kumar Awasthi and 5 Others v. State of U.P. and Another

Allahabad HC15 May 2019A482/11619/2016

Case brief

AI extract

What is this about?

This is a Section 482 CrPC application seeking quashing of criminal proceedings involving dowry and cruelty allegations. The court refused the prayer, directing applicants who have not yet been issued summons or arrested to file discharge applications under Section 245(2) CrPC within thirty days.

What did the court decide?

Quashing of proceedings refused; directed to file Section 245(2) CrPC discharge applications within 30 days; coercive measures stayed pending hearing of discharge applications.

Santosh Kumar Awasthi and 5 Others Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2019)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 11619 of 2016

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Applicant :- Santosh Kumar Awasthi And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.,Ramesh Chandra Gupta 2,Santosh Kumar Nigam

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the parties and perused the record.

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This application under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') has been filed on behalf of the applicants with a prayer to quash the entire proceedings of Complaint Case No. 1059 of 2014 (Smt. Pushpa Devi v. Santosh Kumar and Others), under Sections 498A, 323, 325, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station - Lalauli, District - Fatehpur, pending in the court of Judicial Magistrate, Fatehpur.

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Learned counsel for the applicants contended that no specific role has been assigned to applicant nos. 4 and 5 - Km. Ranjana Devi and Km. Shobha Devi. Accordingly, no offence is made out against them. He further contended that applicant nos. 1, 2 and 3 - Santosh Kumar, Rajesh Kumar Awasthi and Smt. Usha Devi @ Vimla have already been enlarged on bail.

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Per contra, learned A.G.A. opposed the prayer made and contended that the material on record was sufficient for initation of criminal proceedings in the aforesaid case by the court below.

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Alternate remedy is available to the applicant nos. 4 and 5 - Km. Ranjana Devi and Km. Shobha Devi to submit application under Section 245(2) of the Code to get themselves discharged by the trial court. Accordingly, it is not appropriate for this Court to pass any order in exercise of its extraordinary jurisdiction under Section 482 of the Code.

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In view of the above, the prayer for the entire proceedings in the aforesaid case is refused.

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Accordingly, it is directed that if applicant nos. 4 and 5 - Km. Ranjana Devi and Km. Shobha Devi file discharge application under Section 245(2) of the Code through counsel within 30 days from today, the same shall be decided by the trial

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court/magistrate concerned by a reasoned and speaking order, strictly in accordance with law, in view of the judgment passed by Hon'ble Supreme Court in the case of Geeta Mehrotra and Another vs. State of U.P. and Another reported in (2012) 10 SCC 741 .

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Till the disposal of discharge application, no coercive measure shall be adopted against applicant nos. 4 and 5 - Km. Ranjana Devi and Km. Shobha Devi.

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With the aforesaid observations/directions, the instant application stands disposed of.

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Order Date :- 15.5.2019 I. Batabyal

Santosh Kumar Awasthi and 5 Others v. State of U.P. and Another

Case brief

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Santosh Kumar Awasthi and 5 Others v. State of U.P. and Another

Case brief

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