Disposed

Pallav Pathak and 2 Others v. State of U.P. and Another

Allahabad HC21 Jul 2024A482/19256/2024

Case brief

AI extract

What is this about?

The High Court declined to quash criminal proceedings under Section 482 Cr.P.C. involving dowry harassment allegations, finding no fit case for intervention at this stage. The applicants were permitted to file a discharge application before the trial court within two weeks, with a stay on coercive action pending its disposal.

What did the court decide?

Application disposed of; applicants permitted to file discharge application within two weeks; stay on coercive action pending discharge.

Pallav Pathak and 2 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116076

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 19256 of 2024

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Applicant :- Pallav Pathak And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidya Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed in Court today, is taken on record.

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

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 14.05.2022 as well as cognizance/summoning order dated 23.06.2022, of Case No. 65254 of 2022 (State vs. Madhur Pathak and Others), arising out of Case Crime No. 50 of 2022, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, police station - Mahila Thana, district Ghaziabad, pending in the court of Civil Judge (Junior Division)/F.T.C.-I (Offences against Women), Ghaziabad.

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It has been submitted by learned counsel for applicants that applicants are innocent and no prima facie case is made out against them. Applicant no.1 is brother-in-law and applicant no.2 and 3 are mother-in-law and father-in-law of informant and the allegations of dowry demand and harassment of informant levelled against them are wholly false. It was submitted that in fact informant along with her husband was living separately at House No. 156, Sarai Nazar Ali, Ghaziabad and applicants have no concern with

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her matrimonial life. it is further submitted that earlier informant had filed a civil suit to grab the property of applicant, and that civil suit has already been dismissed. Referring to these facts, it was submitted that no case is made out against the applicants.

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Learned A.G.A. has opposed the application and submitted that in view of allegations levelled in the first information report and the material collected during investigation, a prima facie case is made out against applicants.

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I have considered the rival submissions and perused the record.

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Perusal of record shows that impugned charge sheet was filed in the year 2022 and now the case is fixed at the stage of hearing on charge. In view of allegations levelled in the first information report and material collected during investigation, this Court does not find it a fit case for invoking inherent powers under Section - 482 Cr.P.C. However, the applicants would be at liberty to raise their plea before the trial court at the time of hearing on charge or they are at liberty to move an application seeking discharge. In case such an application for discharge is filed within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicants, provided the applicants co-operate in early disposal of the discharge application.

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The application under Section - 482 Cr.P.C. is disposed of in above terms.

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Order Date :- 22.7.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Pallav Pathak and 2 Others v. State of U.P. and Another

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Pallav Pathak and 2 Others v. State of U.P. and Another

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