Vashi Ahmad Vs State of U.P. Thru.Prin. Secy. Deptt… — Dowry and Cruelty | Allahabad HC (2024)

Vashi Ahmad Vs State of U.P. Thru.Prin. Secy. Deptt… — Dowry and Cruelty | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Liberty to apply for bail before the trial court (prayer to be decided expeditiously in view of Satender Kumar Antil); liberty to move a discharge application before the court below (to be decided expeditiously); the concerned Police Officer expected not to take coercive action against the applicant for 30 days or till the bail application, whichever is earlier.

Issue for consideration

Whether the entire criminal proceedings in Criminal Case No. 65170 of 2023, arising out of Case Crime No. 26 of 2022 under Sections 498-A, 323, 504 IPC and Section 3/4 of the D.P. Act, including the charge sheet dated 23.10.2022 and summoning order dated 09.06.2023, should be quashed.

Court's answer

Application disposed of with liberty to the applicant to apply for bail before the trial court; such bail prayer to be considered and decided expeditiously in accordance with law, in view of the law laid down in Satender Kumar Antil v. CBI.

Ratio / Principle

Liberty granted to the applicant to move a discharge application before the court below, to be decided expeditiously in accordance with law.

Key takeaways

The concerned Police Officer is expected not to take any coercive action against the applicant in the aforesaid case for 30 days from the date of the order or till the applicant applies for bail, whichever is earlier.ratio¶13
Observation that the legal notice, Nikahnama dated 08.03.2022 and proceedings under Section 7(1)(B) of the Family Court Act, 1984 prima facie indicate that marriage was solemnized on 08.03.2022 between the applicant and opposite party No.2.obiter¶8

Detailed headnote1 paragraphs

APPLICATION U/S 482 No. 8560 of 2024 (Allahabad High Court, Lucknow Bench, Saurabh Lavania J., order dated 23.9.2024) filed by Vashi Ahmad to quash the entire criminal proceedings of Criminal Case No. 65170 of 2023, arising out of Case Crime No. 26 of 2022 under Sections 498-A, 323, 504 IPC and Section 3/4 of the D.P. Act, P.S. Saadatganj, District Lucknow, including charge sheet dated 23.10.2022 and summoning order dated 09.06.2023. Considering the legal notice, Nikahnama dated 08.03.2022 and the applicant's proceedings under Section 7(1)(B) of the Family Court Act, 1984 seeking nullity of the marriage dated 08.03.2022, the Court disposed of the application with liberty to apply for bail before the trial court (to be decided expeditiously in view of Satender Kumar Antil v. CBI, (2022) 10 SCC 51) and to move a discharge application before the court below (also to be decided expeditiously), observing that the concerned Police Officer is expected not to take coercive action against the applicant for 30 days or till the bail application, whichever is earlier.

Neutral Citation No. - 2024:AHC-LKO:65748

Court No. - 13

Case :- APPLICATION U/S 482 No. - 8560 of 2024

Applicant :- Vashi Ahmad Opposite Party :- State Of U.P. Thru.Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Mohd. Nafees,Pawan Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

Instant application has been preferred by the applicant(s)/petitioner(s) to quash the entire impugned criminal proceedings of Criminal Case No. 65170 of 2023, arising out of Case Crime No. 26 of 2022 under Section 498-A, 323, 504 IPC and Section 3/4 of D.P. Act, P.S.-Saadatganj, District-Lucknow as well as Charge Sheet dated 23.10.2022 including summoning order dated 09.06.2023.

Considering the facts, as appears from the record, particularly legal notice at page 80 of the paper book as also the Nikahnama dated 08.03.2022 and the proceedings initiated by the applicant under Section 7(1)(B) of the Family Court Act, 1984, which prima facie, indicates that marriage was solemnized on 08.03.2022 between applicant and opposite party No.2 and in relation to this marriage, the applicant initiated the proceedings, indicated hereinbefore, seeking declaration of marriage as null and void, on being confronted, learned counsel for the applicant stated that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant apply for bail before the Court concerned, his prayer for bail shall be considered and decided

expeditiously in accordance with law.

Liberty is also granted to the applicant to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant apply for bail, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case.

With the aforesaid observations, the present application is disposed of.

Order Date :- 23.9.2024 Vinay/-

Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench