Kamala Devi and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC12 Feb 2024A482/1064/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C seeking quashing of a charge sheet, cognizance and summoning order in a dowry harassment case based on general allegations against family members. The court issued notice to opposite party no.2, fixed timelines for affidavits, and stayed the proceedings until the next listing.

What did the court decide?

Proceedings stayed till next date; notice issued with counter affidavit within two weeks and rejoinder within one week thereafter.

Kamala Devi and 5 Others vs State of U.P. Thru. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1064 of 2024 Applicant :- Kamala Devi And 5 Others Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another

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Counsel for Applicant :- Anamika Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Anamika Singh, the learned counsel for the applicants and Sri Rakesh Kumar Singh, the learned A.G.A appearing on behalf of the State.

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By means of the instant application filed under Section 482 Cr.P.C, the applicants have sought quashing of the charge sheet dated 22.05.2019 arising out of Case Crime No. 234 of 2019, under Sections 323, 504, 506, 468-A I.P.C and 3/4 of Dowry Prohibition Act, P.S. Kotwali City, District Pratapgarh as well as the cognizance and summoning order dated 16.10.2019 along with the Bailable Warrant dated 21.11.2023 passed by the learned Additional Civil Judge (Junior Division)/F.T.C.-I, Pratapgarh taking cognizance of the aforesaid offences and summoning the applicants to face the trial for the same and the entire proceedings of Case No. 1950/2019 (Earlier 1956/2019), "State Vs. Kamlesh Kumar", which is pending in the court of learned Additional Civil Judge (Junior Division)/F.T.C.-I, Pratapgarh.

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The opposite party no.2 has lodged an F.I.R on 14.03.2019, alleging that she got married to co-accused Kamlesh Kumar on 03.05.2015; the accused persons are the family members and relatives of the complainant's husband and she levelled general allegations, against all the accused persons, alleged that all of them used to harass her for demanding dowry and that they had beaten her up and had turned her out of her matrimonial home on 18.06.2018.

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In the application it has been stated that the applicants are innocent and they have falsely been implicated in the present case.

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The learned counsel for the applicants have submitted that the criminal prosecution against all the family members and relatives of the applicants based on general allegations, without any disclosure of any specific act of the accused persons, about to abuse the process of law. She has placed reliance on the judgment of the Hon'ble Supreme Court in the cases of Geeta Mehrotra and another Vs. State of Uttar Pradesh and another: (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam vs The State Of Bihar; 2022 SCC OnLine SC 162.

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The matter requires consideration.

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Issue notice to the opposite party no.2 returnable at an early date.

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The opposite party may file a counter affidavit within a period of two weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.

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9. List this case in the week commencing 18.03.2024.

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Keeping in view the aforesaid facts of the case, it is provided that till the next date of listing, the charge sheet dated 22.05.2019 as well as the cognizance and summoning order dated 16.10.2019 along with the Bailable Warrant dated 21.11.2023 passed by the learned Additional Civil Judge (Junior Division)/F.T.C.-I, Pratapgarh and the entire proceedings of Case No. 1950/2019 (Earlier 1956/2019), "State Vs. Kamlesh Kumar", shall remain stayed.

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(Subhash Vidyarthi,J.)

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Order Date :- 12.2.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Kamala Devi and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

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Kamala Devi and 5 Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

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