Dismissed

Gulam Sarwar and 2 Ors. v. State of U.P. and Anr.

Allahabad HC11 Nov 2019A482/40203/2019

Case brief

AI extract

What is this about?

An application under Section 482 CrPC was filed to quash the summoning order and criminal proceedings alleging dowry harassment. The High Court held that disputed facts could not be adjudicated, but a prima facie case was evident, so the application was dismissed.

What did the court decide?

Prayer to quash the summoning order and criminal proceedings refused; bail consideration directed upon surrender.

Gulam Sarwar and 2 Ors. Vs State of U.P. and Anr. — Quashing and FIR | Allahabad HC (2019)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 40203 of 2019

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Applicant :- Gulam Sarwar And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Majahar Ali 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 applicants with the prayer to quash the summoning order dated 9.9.2019 as well as entire criminal proceedings of Complaint Case No. 449 of 2019 (Habibullah Vs. Gulam Sarwar and others), under Sections 323, 504, 506, 498-A IPC and 3/4 of D.P. Act, P.S. Bhadohi, District- Bhadohi, pending in the court of Chief Judicial Magistrate, Bhadohi- Gyanpur.

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As per the allegations made in the complaint, it is alleged that opposite party no. 2 was married to brother and son of the applicants, 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 also threatened her to set her on fire 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 complaint and the material collected during the course of inquiry, 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 complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, entire proceedings 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 summoning order as well as entire proceedings is therefore refused.

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However, it is directed that if the applicants appear/surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible.

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With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

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Order Date :- 11.11.2019 KU

Gulam Sarwar and 2 Ors. v. State of U.P. and Anr.

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Gulam Sarwar and 2 Ors. v. State of U.P. and Anr.

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