Dismissed

Prem Narayan and Another v. State of U.P and Another

Allahabad HC5 Apr 2023A482/42576/2022

Case brief

AI extract

What is this about?

Application to quash proceedings in a cheating case arising from an arranged marriage dispute was dismissed by the Additional Civil Judge court. The application under Section 482 Cr.P.C. was found devoid of merit as allegations in the FIR were sufficient to constitute an offence.

What did the court decide?

Application to quash the charge-sheet, cognizance order, and entire proceedings was dismissed.

Prem Narayan and Another Vs State of U.P and Another — Domestic Violence | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 42576 of 2022

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Applicant :- Prem Narayan And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajpal Singh,Ashutosh Diwakar Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned counsel for the applicants, Sri Sitaram Sharma, learned A.G.A. and perused the record.

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By moving this application, the prayer is made to quash the charge-sheet dated 04.05.2022, cognizance order dated 07.06.2022 passed by the Additional Civil Judge (J.D.) Court No.21, Allahabad and the entire proceedings of Case No.273 of 2022, State Vs. Prem Narayan & another, arising out of Case Crime No.0202 of 2021, under Sections 420, 406, 506 I.P.C. & 3/4 D.P. Act, P.S. Naini, District Prayagraj, pending in the court of Additional Civil Judge (J.D.), Court N.21, Allahabad.

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It is submitted by the learned counsel for the applicants that this was an arranged marriage. When the applicant Gaurav met with the girl, he did not found the girl upto his expectations, so the marriage was denied. Nothing was given at variksha, sagai and ring ceremony, so no question arises of returning any thing as mentioned in the FIR. Hence, the prayer is made accordingly.

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Learned A.G.A. opposed the prayer and submitted that as per FIR, in variksha, sagai and ring ceremony, which took place at Mayur Garden Naini, Prayagraj, Rs. 6,51,000/- cash and clothes and the other materials valued Rs.25,500/- are said to have been given to the groom side with the total expenses of Rs. 9,80,700/- including the expenses of marriage hall etc. The applicants do not want to return that amount and have misappropriated the same. Marriage has been denied because the stuff and the rupees given at the time of variksha, sagai and rind ceremony were not up to the expectations of the applicants.

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In the FIR, there is allegation that after variksha, sagai and ring ceremony total Rs.9,80,700/- were spent by the opposite party no.2. Now the applicants are denying from the marriage as their expectations are very high and they are demanding much than the status of the opposite party no.2.

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From the perusal of the FIR, a cognizance offence is clearly said to be made out against the applicants. No ground for quashing the charge-sheet, cognizance order as well the entire proceedings arise.

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The application under Section 482 Cr.P.C. is, thus, found devoid of merit and, hence, dismissed .

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Order Date :- 5.4.2023 Radhika

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Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad

Prem Narayan and Another v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

Prem Narayan and Another v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

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