Mohd. Jamaluddin and Another v. State of U.P. and Another
Case brief
What is this about?
This court refused to quash criminal proceedings under Section 482 CrPC in a domestic violence case, citing that a prima facie offence was made out. However, the court granted a 30-day reprieve against coercive action and directed that bail prayers be entertained if the applicants surrender.
What did the court decide?
Application for quashing dismissed; coercive action stayed for 30 days contingent on surrender; bail prayer to be entertained upon surrender.
What the court decided
Court No. - 75
Case :- APPLICATION U/S 482 No. - 27975 of 2018
Applicant :- Mohd. Jamaluddin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Janam Singh Counsel for Opposite Party :- G.A.,Gaurabh Srivastava,Saiyad Iqbal Ahmed,Vikrant Pandey
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, Sri Bhanu Prakash Tiwari holding brief of Sri Vikrant Pandey, learned counsel for opposite party no. 2, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the summoning order dated 21.4.2018 as well as entire criminal proceedings of Complaint Case No. 40361 of 2018 (Smt. Chandani Vs. Mohd. Jamaluddin and others), under Sections 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Chakeri, District- Kanpur Nagar, pending in the court of Metropolitan Magistrate, Court No. 2, Kanpur Nagar.
As per the allegations made in the complaint, it is alleged that opposite party no. 2 was married to applicant no. 1 on 3.10.2011, however after the said marriage the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and committed cruelty with her and also turned her out of her matrimonial home.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, 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.
Issues for consideration
2 issues framed by the court
Whether the application to quash the summoning order and criminal proceedings under Section 482 CrPC should be allowed.
Whether bail should be considered for the applicants if they surrender within 30 days.
Parties & counsel
- applicant
Mohd. Jamaluddin And Another
- respondent
State of U.P.
Coram
Rajiv Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- A482/27975/2018
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