Rajesh Kumar Yadav v. State of U.P. and Another
Case brief
What is this about?
In an application under Section 482 CrPC seeking quashal of proceedings for crimes related to dowry harassment, the court held that the prima facie case is made out. The prayer for quashing was refused, but the applicant was granted protection from coercive action for 45 days conditional on surrendering and applying for bail.
What did the court decide?
Application for quashing proceedings refused. Protection from coercive action for 45 days if applicant surrenders and applies for bail.
What the court decided
Court No. - 75
Case :- APPLICATION U/S 482 No. - 6891 of 2018
Applicant :- Rajesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nikhil Kumar Counsel for Opposite Party :- G.A.,Firdos Ahmad,K.K. Yadav
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State as well as learned counsel for the Opposite Party No.2 and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire proceedings of Complaint Case No. 329 of 2017, under Sections 498-A, 323, 506 IPC and Section 4 of Dowry Prohibition Act, Police Station Shahganj, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate-1st, Jaunpur.
This Court vide its order dated 28.02.2018 has referred the matter to the Mediation Centre in order to enable the parties to reach an amicable settlement, however, Mediation Centre vide its report dated 05.09.2018 has reported that the parties could not reach to any settlement and the mediation has failed.
As per the allegations made in the complaint, it is alleged that the Opposite Party No.2 was married to applicant on 10.02.2012, however, after the said marriage, applicant started demanding additional dowry and for nonfulfillment of demand of additional dowry, he used to torture, maltreat, assault her and also threaten her of life and she was also turned out of her matrimonial home.
Issues for consideration
2 issues framed by the court
Whether the proceedings under Sections 498-A IPC and Dowry Prohibition Act should be quashed on the prima facie basis of allegations.
Whether the disputed facts alleged in the complaint can be adjudicated upon under Section 482 CrPC at the initial stage.
Parties & counsel
- applicant
Rajesh Kumar Yadav
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- A482/6891/2018
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