Partly allowed

Pushpendra Singh @ Pushpendra Kumar and Another v. State of U.P. and Another

Allahabad HC22 Jul 2024A482/19263/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CPC seeking protection from coercive action, the court rejected the plea regarding applicant no.1 as prima facie case of dowry harassment exists based on FIR and investigation material. Regarding applicant no.2, notice was issued and coercive action stayed pending counter-affidavit.

What did the court decide?

Application for applicant no.1 rejected; notice issued to respondent; coercive action against applicant no.2 stayed pending counter affidavit.

Pushpendra Singh @ Pushpendra Kumar and Another vs… — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Court No. - 76

¶2

Case :- APPLICATION U/S 482 No. - 19263 of 2024

¶3

Applicant :- Pushpendra Singh @ Pushpendra Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Prakash Pandey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Raj Beer Singh,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

It has been submitted by learned counsel for applicants that applicants are innocent and no prima facie case is made out against them. The allegation that applicant no.1 has married with informant is wholly false and in fact no such marriage has taken place. It was submitted that applicant no.1 came in touch of informant through Facebook and informant has told that she is pursuing M.B.B.S. course and on that pretext she has taken Rs. 8 lakhs from applicants. In that connection applicant no.1 has lodged a first information report on 18.04.2023 and after that first information report of this case was lodged on 11.09.2023 making false and baseless allegations. The alleged marriage certificate, annexed as Annexure No.7, is a forged document and in that connection Arya Pratinidhi Sabha, Uttar Pradesh has issued a letter that no such certificate was issued. Applicant no.1 is working in police. Referring to facts of the matter, it was submitted that no case is made out against the applicants.

¶7

Learned A.G.A. has opposed the application and submitted that informant has made clear allegation that applicant no.1 has physically exploited her on pretext of marriage and later on he has married with informant before Arya Samaj but after that applicants started demanding Rs. 30 lakhs and she was subjected to cruelty. It was submitted that the alleged marriage certificate, attached along with the instant application, is a false document. During investigation, the certificate of marriage issued by Arya Samaj has been verified. There is sufficient evidence to show that applicant no.1 has performed marriage with informant. It was submitted that a

¶8

prima facie case is made out against the applicants.

¶9

I have considered the rival submissions and perused the record.

¶10

So far applicant no. 1 Pushpendra Singh @ Pushpendra Kumar is concerned, there are clear allegations in the first information report that he has harassed the informant on account of dowry. Informant has made several serious allegations against him. Whether the marriage between the parties is lawful or not, that can only be decided during trial. In view of allegations made in the first information report and the material collected during investigation, it cannot be said that no prima facie case is made out against applicant no.1. Hence, the instant application filed on behalf of applicant no. 1 is hereby rejected.

¶11

So far applicant nos. 2 is concerned, he is father of applicant no.1 and no specific allegation was made against him. In respect of applicant no.2, matter requires consideration.

¶12

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

¶13

Counter affidavit may be filed by the opposite parties within four weeks.

¶14

List this case on 04.10.2024 .

¶15

Till the next date of listing, no coercive action shall be taken against applicant no.2, namely, Ashok Kumar in Case No. 2525 of 2024 (State vs. Pushpendra and others), arising out Case Crime No. 0692 of 2023, under Sections 498-A, 506 IPC and Section 3/4 of D.P. Act, police station Tundla, District - Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad.

¶16

Order Date :- 20.8.2024 S Rawat

¶17

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

Pushpendra Singh @ Pushpendra Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pushpendra Singh @ Pushpendra Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Satyaram vs State of Up

Smt Vimla and 3 Others vs State of Up and 2 Others

Premraj and 3 Others vs State of U.P.

Jai Prakash and Another vs State of U.P. and Another

Mohd Raza and 2 Others vs State of Up and Another

Babbu Sindhi@ Rajesh Kumar vs State of U.P. and Another