Dismissed

Vimla Devi and Others v. State of Up and Another

Allahabad HC21 Nov 2019A482/2737/2018

Case brief

AI extract

What is this about?

The Court refused to quash the proceedings under Sections 482 CrPC, 498A IPC, and 506 IPC. Observing that the matter involved disputed questions of fact not triable at this stage, the Court directed no coercive action for 30 days pending the applicant's surrender, while keeping the bail prayer pending.

What did the court decide?

No coercive action against applicants for 30 days; bail prayer pending surrender, quashing petition refused.

Vimla Devi and Others Vs State of Up and Another — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 2737 of 2018

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Applicant :- Vimla Devi And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Srivastava,Anil Kumar Shukla Counsel for Opposite Party :- G.A.,Sudhir Kumar

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, Sri Sudhir Kumar, learned counsel for opposite party no.2, learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the entire proceedings of Criminal Case No. 1468 of 2017 (State U.P. Vs. Govind Prasad Sharma and other), arising out of Case Crime No.547 of 2015, under Sections 498A and 506 IPC,Police Station Kasganj, District Kasganj, pending in the court of Chief Judicial Magistrate, Kasganj.

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As per the allegations made in first information report, it is alleged that sister of opposite party no.2 was married to one Sharad Chandra, son of applicant nos.1 and 2 on 05.01.2007. However, after said marriage the applicants started demanding additional dowry and for the non fulfillment of demand of dowry, the applicants used to torture her and maltreat her and also turned her from matrimonial home.

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Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants 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 FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, impugned summoning order cannot be quashed.

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Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of

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Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.

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The prayer for quashing the entire proceedings is therefore refused.

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However, it is directed that if the applicants appear/surrender before the court below within thirty days from today and apply for bail, 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 judgment 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 thirty days from today or till the applicants surrender/apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants 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 observations, this application under Section 482 CrPC is finally disposed of.

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Order Date :- 21.11.2019

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PKC

Vimla Devi and Others v. State of Up and Another

Case brief

What is this about?

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Vimla Devi and Others v. State of Up and Another

Case brief

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