The single judge refused the application to quash the complaint under Section 498A IPC, denying quashing while granting liberty to approach the trial court for regular bail with protection from arrest for four weeks.
Refused quashing; granted liberty to file regular bail with immunity from arrest for four weeks.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 6819 of 2019
Applicant :- Deepak Ranjan Pandey Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Vikas Vikram Singh,Anoop Tripathi Counsel for Opposite Party :- G.A.,O.P. Tiwari
Hon'ble Karunesh Singh Pawar,J.
Heard Shri Vikas Vikram Singh, learned counsel for petitioner, Shri O.P.Tiwari, learned counsel for the respondent no.2 as well as learned Additional Government Advocate for State.
The present petition seeks quashing/set aside the Complaint Case No.4152 of 2019 under Section 498A, 323, 504, 506 Indian Penal Code and Section 3/4 Dowry Prohibition Act and impugned cognizance/summoning order dated 2.7.2019 passed by learned C.J.M., Unnao.
After arguing for sometime learned counsel for the petitioner very fairly submits that there is no chance of settlement between the parties, therefore, he seeks liberty to file a regular bail application before the trial court and the same may be decided by the trial court expeditiously, since the present case is squarely covered by law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another vide order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 and falls under category 'A' as per the guidelines laid down by Supreme Court in the case of Satender Kumar Antil (supra). Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioner.
On due consideration to the arguments advanced by learned counsel for the parties' and perusal of the record, the prayer for quashing is refused. So far as other prayer to approach trial court is concerned, it is provided that in case a regular bail
application is filed within four weeks from today before the court below, the same shall be decided by the trial court expeditiously in view of the law laid by by Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.
It is further provided that for the period of four weeks the petitioner shall not be arrested in purported compliance of the process issued by learned trial court.
The petition is disposed of accordingly.
Order Date :- 25.1.2022 Madhu
1 issue framed by the court
Whether the complaint under 498A IPC and Dowry Prohibition Act should be quashed.
Colour shows how this judgement treated each authority
Satender Kumar Antil versus Central Bureau of Investigation and another vide order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 Relied on¶7
Deepak Ranjan Pandey
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
