The Court dismissed an application under Section 482 Cr.P.C. seeking to quash proceedings for dowry harassment. It held that facts require adjudication in trial and the applicant should seek discharge under appropriate sections.
Application dismissed; 30 days granted to surrender for bail consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:115920
Court No. - 70
Case :- APPLICATION U/S 482 No. - 1409 of 2020
Applicant :- Brij Mohan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.,Shiv Sagar Singh,D.S. Pandey
Hon'ble Shekhar Kumar Yadav,J.
harassed. Details of allegations are given comprehensively in the complaint as a result of which she suffered mental torture which amounts to cruelty. 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. The defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
Order Date :- 24.5.2023 RavindraKSingh
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal proceedings under Sections 498-A, 323, 504, 406, 427, 506 IPC and D.P. Act should be quashed for lack of disclosed offence.
Whether the benefit of the settled law in Satender Kumar Antil case applies to the discharged applicant if he surrenders within 30 days.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs Central Bureau of Investigation and anotherReferred¶14
Satender Kumar Antil Vs Central Bureau of Investigation and another (Special Leave to Appeal (Criminal) No. 5191 of 2021 decided on 7.10.2021
2 provisions across 1 enactments
Brij Mohan Singh
State of U.P.
Ravindra Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
