Dismissed

Vijay Singh and Another v. State of Up and Anr.

Allahabad HC5 Nov 2019A482/37858/2019

Case brief

AI extract

What is this about?

The High Court refused to quash criminal proceedings involving allegations of dowry demand and torture (Sections 498A IPC, 3/4 D.P. Act). Holding that the case involves disputed facts, the prayer was denied, but the applicants were granted time to surrender for bail.

What did the court decide?

Prayer for quashing dismissed; applicants directed to surrender within 30 days to apply for bail.

Vijay Singh and Another Vs State of Up and Anr. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 37858 of 2019

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Applicant :- Vijay Singh And Another Opposite Party :- State Of Up And Anr Counsel for Applicant :- Mashaluddin Shah 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 A.G.A. for the State and perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the entire proceeding of Complaint Case No. 421 of 2018, Smt. Neelu Vs. Jitendra Singh and others, under sections 498A, I.P.C. and 3/4 of D.P. Act. P.S. Kotwali Nagar, District Etah and summoning order dated 17.5.2019 passed by C.J.M. Etah.

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As per the allegation made in the complaint, it is alleged that the marriage of O.P. No.2 was solemnised with the son of the applicants and after the said marriage the applicants started making demand of additional Dowry and for nonfulfilment of the additional dowry they used to torture her and maltreat her and threatened her of life and has also turned her out from her matrimonial house.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.

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From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of 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 prayer for quashing the entire proceeding and the summoning order is refused.

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However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be

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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 and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. 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 :- 5.11.2019

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Vijay Singh and Another v. State of Up and Anr.

Case brief

What is this about?

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Vijay Singh and Another v. State of Up and Anr.

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