Dismissed

Smt. Sudha and 2 Others v. State of U.P. and Another

Allahabad HC10 Nov 2021A482/15237/2021

Case brief

AI extract

What is this about?

An application under Section 482 CrPC seeking quashing of proceedings in a dowry harassment case was rejected as the court found a prima facie case and noted disputed facts. The court directed the applicants to seek bail separately if they appear.

What did the court decide?

The application to quash proceedings is refused; applicants directed to apply for bail separately if they appear or surrender.

Smt. Sudha and 2 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 15237 of 2021

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Applicant :- Smt. Sudha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar 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 charge-sheet dated 19.08.2017, cognizance order dated 05.12.2017, NBW dated 26.11.2018 and entire proceedings of Case No. 72900 of 2017 (State of U.P. Vs. Sudha and others), arising out of Case Crime No. 259 of 2017, under Sections 498-A, 323 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Bidhanu, District Kanpur Nagar, pending in the court of Additional Chief Metropolitan Magistrate-III, Kanpur Nagar.

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As per the allegations made in the FIR, it is alleged that the opposite party no.2 was married to applicant no.3 on 10.02.2015, however, after the said marriage, the applicants started making demand of additional dowry from the opposite party no.2 and for non-fulfillment of demand of additional dowry, they used to torture her, maltreat her and subjected her to cruelty and she was also turned out of her matrimonial home.

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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 case has been instituted with a malafide intention for the purpose of harassment. He has pointed out certain documents and statements in support of his contention, as such, entire proceedings be quashed.

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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, charge-sheet, cognizance order, NBW and entire proceedings cannot be quashed.

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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 applicant. Moreover, all the submissions made at the bar relates to the disputed question of fact, which

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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 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 charge-sheet, cognizance order, NBW and 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 be considered and decided as expeditiously as possible in accordance with law.

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

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Order Date :- 10.11.2021 Nadim

Smt. Sudha and 2 Others v. State of U.P. and Another

Case brief

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Smt. Sudha and 2 Others v. State of U.P. and Another

Case brief

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