Dismissed

Smt. Omwati and Another v. State of U.P. and Another

Allahabad HC11 Nov 2019A482/34546/2019

Case brief

AI extract

What is this about?

Application under Section 482 CrPC to quash summoning order and proceeding in dowry harassment case was refused as prima facie offence was made out. Court granted temporary immunity from coercive action for 30 days if applicants surrender and apply for bail.

What did the court decide?

Quashing refused. 30 days reprieve from coercive action granted if applicants surrender and apply for bail within that period.

Smt. Omwati and Another Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 34546 of 2019

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Applicant :- Smt. Omwati And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned AGA for the State 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 summoning order dated 26.2.2019 as well as entire criminal proceedings of Complaint Case No. 61 of 2018 (Sunita Vs. Man Singh & others), under Sections 498-A IPC and 3/4 of D.P. Act, P.S. Islam Nagar, District- Budaun, pending in the court of Civil Judge (Sr. D.)/F.T.C./Addl. Chief Judicial Magistrate, Budaun.

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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 son of the applicants about one and a half years back and 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 also assaulted her and turned her out of her matrimonial house.

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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 applicants 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 Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu

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Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283.

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

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However, it is directed that if the applicants 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 applicants surrender and 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 directions, this application is finally disposed of.

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Order Date :- 11.11.2019 KU

Smt. Omwati and Another v. State of U.P. and Another

Case brief

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Smt. Omwati and Another v. State of U.P. and Another

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