Dismissed

Kalawati v. State of U.P. and Another

Allahabad HC13 Nov 2019A482/20005/2018

Case brief

AI extract

What is this about?

The High Court refused to quash prosecution proceedings under Sections 498-A and 323 IPC. Mediation failed. The applicant was directed to surrender within 30 days to avail bail; otherwise, coercive action would follow.

What did the court decide?

Refused quashing of proceedings; directed applicant to surrender within 30 days for bail consideration; no coercive action during this period.

Kalawati Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 20005 of 2018

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Applicant :- Kalawati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A.,Daya Shanker Pandey

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Hon'ble Rajiv Gupta,J.

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List revised. None is present on behalf of the applicant to press this application.

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Heard learned A.G.A. for the State, Shri Daya Shanker Pandey, learned counsel for Opposite Party No.2 and perused the record.

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This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the order dated 16.05.2017 as well as entire proceedings of Criminal Case No.162 (State Vs. Hari Krishna and others) arising out of Case Crime No.124 of 2016, under Sections 498-A, 323, 504 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar, pending in the court of Civil Judge (Senior Division)/Fast Track Court, Gautam Budh Nagar.

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This Court vide order dated 31.05.2018 had referred the matter to Mediation Centre for mediation between the parties and to reach an amicable settlement, however Mediation Centre vide its report dated 06.02.2019 has reported that the parties could not arrive at any settlement and the mediation has failed.

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As per the allegations made in the first information report, it is alleged that opposite party no.2 was married to Hari Krishna son of applicant on 15.02.2014, however after the said marriage the applicant started demanding additional dowry and for nonfulfilment of demand of additional dowry, they started torturing and maltreating her and also assaulted her and turned her out of her matrimonial home.

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Learned AGA and learned counsel for Opposite Party No.2 has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant 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.

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Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of 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 .

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The prayer for quashing the impugned order as well as proceedings of the aforementioned case is refused.

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However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, his 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 applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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

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Order Date :- 13.11.2019 Zafar

Kalawati v. State of U.P. and Another

Case brief

What is this about?

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Kalawati v. State of U.P. and Another

Case brief

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