Disposed

Shadab Qamar and Another v. State of U.P. and Another

Allahabad HC28 Aug 2023A482/3783/2023

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of proceedings arising from dowry-related allegations, the applicant withdrew the quash prayers. The court conditionally considered the bail plea and set aside a portion of the mediation deposit upon the opposing party's failure to attend mediation.

What did the court decide?

Application disposed off conditionally; bail to be sought; Rs. 25,000 mediation deposit directed to be returned to applicants.

Shadab Qamar and Another Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:173543

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 3783 of 2023

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Applicant :- Shadab Qamar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis Counsel for Opposite Party :- G.A.,Qazi Vakil Ahmad

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Hon'ble Rajiv Gupta,J.

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

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet no. 60 of 2022 dated 09.07.2022 and cognizance order dated 06.09.2022 as well as entire proceedings of Criminal Case No. 141671 of 2022 (State Vs. Shadab Qamar and others), arising out of Case Crime No. 184 of 2021, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Bajariya, District Kanpur Nagar.

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After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

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Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application. It is further submitted that applicant no.2 being the mother-in-law of opposite party no.2, instead of keeping her daughter-in-law with all love, care and due affection started making demand of additional dowry and tortured her, as such, she is not entitled to any relief and the instant proceedings cannot be quashed against her.

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In view of the above, in case the applicants appear before

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the court below within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51 .

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Learned counsel for the applicants has next submitted that in order to amicably settle the dispute, the matter was referred to the Allahabad High Court Mediation and Conciliation Centre vide order of this Court dated 02.02.2023. Pursuant to the said order, the applicants have deposited a sum of Rs.30,000/- at the Allahabad High Court Mediation and Conciliation Centre. It is further submitted that out of the said amount, Rs.25,000/- was to be paid to opposite party no.2, however, since she did not appear before the Mediation Centre, as such, the amount of Rs.25,000/- be returned back to the applicants.

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In view of the aforesaid circumstance, in case opposite party no.2 has not appeared to participate in the mediation proceedings, the amount of Rs.25,000/- be returned back to the applicants as per Rules.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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Order Date :- 28.8.2023 Subham

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Digitally signed by :- SUBHAM KUSHWAHA High Court of Judicature at Allahabad

Shadab Qamar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shadab Qamar and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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