Disposed

Ashwani Kumar and 4 Others v. State of U.P. and Another

Allahabad HC25 Apr 2023A482/18997/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, the High Court instead directed courts to decide pending bail applications expeditiously if the applicants surrender within three weeks, barring coercive action for that period before disposing of the case.

What did the court decide?

Direction to decide bail applications within three weeks if applicants surrender; no coercive action for three weeks; application disposed of.

Ashwani Kumar and 4 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

¶1

Court No. - 69 Case :- APPLICATION U/S 482 No. - 18997 of 2021 Applicant :- Ashwani Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imtiyaj Ali Counsel for Opposite Party :- G.A.,Anupam Shyam Dwivedi,Anurag Kumar,Sudhir Dixit Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Imtiyaj Ali, learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶3

This application u/s 482 Cr.P.C. has been filed for quashing the summoning order dated 13.07.2021, as well as the entire proceeding of Complaint Case No.703 of 2021 (Radha Devi Vs. Ashwani Kumar) under Sections 498-A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act , P.S. Bhadohi, District Bhadohi pending in the court of Additional Civil Judge (Junior Division)/F.T.C. (Women Harassment), Bhadohi Gyanpur.

¶4

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment. It is also submitted by learned counsel for the applicants that mediation proceedings before the Mediation and Conciliation Centre, High Court Allahabad were completed but there is no agreement between the parties.

¶5

After arguing the case for some time, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts concerned to decide the bail application within specific time frame.

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Considering the facts and circumstances of the case, it is provided that if the applicants surrender and apply for bail within three weeks from today, the Courts concerned may decide the bail application of the applicants expeditiously in accordance with law.

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For the period of three weeks, no coercive action shall be taken against the applicants in the aforesaid case.

¶8

With the above directions, present application U/s 482 Cr.P.C. is disposed of.

¶9

Order Date :- 25.4.2023 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Ashwani Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashwani Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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