Disposed

Ramashankar Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC22 Feb 2024A482/1509/2024

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the High Court stays proceedings in a dowry harassment case arising from matrimonial dispute while directing parties to file affidavits and hearing opposite party.

What did the court decide?

Stayed entire proceedings arising out of Case Crime No.234 of 2023 pending hearing after notice and affidavits.

Ramashankar Gupta and Another vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 1509 of 2024

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Applicant :- Ramashankar Gupta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Annapurna Agnihotri Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1. Heard Ms Annapurna Agnihotri, learned counsel appearing for the applicant and Sri Anurag Verma, learned Additional Government Advocate and perused the record.

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2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the Charge-sheet No.1 of 2023 dated 10.10.2023 and summoning order dated 15.12.2023 as well as entire proceedings arising out from Case Crime No.234 of 2023 under Sections 498A, 323, 505, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Banthara, Lucknow.

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3. Opposite party No.2 has lodged FIR No.234 of 2023 on 17.07.2023 agianst four persons, including the applicants and their two sons, Vikas and Vishal stating that the complainant got married to the applicants' son Vikas on 20.01.2022; that all the accused persons used to harass her for demanding dowry; that the complainant left her matrimonial home on 27.02.2023 and thereafter she was not allowing to reenter her matrimonial home.

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4. The complainant has filed a suit No.2890 of 2023 under Section 9 of the Hindu Marriage Act, Lucknow in the Court of Principal Judge, Family Court in which she has stated that she was deceitfully lived at her parents home on 27.01.2023 and that she had gone back to her matrimonial home on 27.01.2023 but she was not allowed to enter her matrimonial home.

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5. Submission of the learned counsel for the applicants is that because of a matrimonial dispute between the complainant and her husband,

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entire family has been entangled in a criminal case on the basis of false, vague and omnibus allegations.

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6. The learned counsel for the applicants has placed reliance on the judgments of the Supreme Court in the cases of Geeta Mehrotra v. State of U.P., (2012) 10 SCC 741 and Abhishek Vs State of Madhya Pradesh: 2023 SCC OnLine 1083.

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7. The matter requires consideration.

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8. Issue notice to opposite party No.2 returnable at an early date.

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9. Four weeks' time is granted to opposite parties to file counter affidavit. Two weeks' time thereafter shall be available to the applicants to file rejoinder affidavit.

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10. List in the week commencing 01.04.2024 .

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11. Till the next date of listing of the case, entire proceedings arising out of Case Crime No.234 of 2023 shall remain stayed.

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Order Date :- 22.2.2024

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Ramashankar Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Ramashankar Gupta and Another v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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