Partly allowed

Amit Sonkar and 9 Others v. State of Up and Another

Allahabad HC19 Jul 2024A482/21896/2024

Case brief

AI extract

What is this about?

On an application under Section 482 Cr.P.C. seeking quashing of proceedings in a dowry and rape case, the Court held that a prima facie case exists against the husband but is undecided regarding other family members. Notice is issued to the State, and coercive action against the family members is stayed until the next hearing.

What did the court decide?

Application regarding applicant no.1 dismissed. Notice issued to opposite party no.2. Opposite parties may file counter affidavit within four weeks. Listing fixed. Coercive action against applicants n

Amit Sonkar and 9 Others vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21896 of 2024

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Applicant :- Amit Sonkar And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh,Manish Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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

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This application under Section 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including charge-sheet dated 13.04.2024 as well as cognizance/summoning order dated 04.06.2024, of Case Crime No.61 of 2021 (State Vs. Amit Sonkar and others), under Sections 498A, 323, 506, 376D IPC and Section 3/4 D.P. Act, Police Station- Chhawani, District- Kanpur Nagar, pending before the Court of Metropolitan Magistrate, Court No.3, Kanpur Nagar.

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It has been submitted by learned counsel for the applicants that applicants are innocent and no prima- facie case is made out against the applicants. Applicant no.1 is husband, applicant no.2 is mother-in-law, applicant nos.3 to 5 are brothers-in-law ( devar ), applicant nos.6 to 9 are unmarried and married sister-in-law (nanad) of informant and applicant no.10 is nephew of her husband. It was submitted that entire family of the applicant no.1 has been named in the First Information Report. The marriage of informant with applicant no.1 has taken place on 29.12.2015. The allegations of dowry demand and harassment of informant are wholly false. It was submitted that the informant has alleged that on 08.06.2019, her brother-in-law Kallu and nephew Monti have committed rape upon her but at that time no complaint was made. The First Information Report has been lodged after two years on 23.10.2021. It was submitted that earlier the informant has filed a case of divorce but in that case there was no allegation of rape. Referring to these facts, it was submitted that no case is made out against the applicants. It was submitted that in view of facts of the matter, the impugned proceedings are liable to be quashed.

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Learned AGA has opposed the application.

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So far applicant no.1 Amit Sonkar is concerned, in view of allegations levelled in the First Information Report and material collected during investigation, it cannot be said that no prima-facie case is made out against him, hence, the instant application in respect of applicant no.1 is hereby dismissed .

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So far, applicant nos.2 to 10 are concerned, considering the law laid down in case of Geeta Mehrotra and Another Vs. State of Uttar Pradesh 2012 (10) SCC 741, matter requires consideration.

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

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Learned A.G.A. has accepted notice on behalf of opposite party no. 1.

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Opposite parties may file counter affidavit within four weeks.

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List this case on 06.09.2024.

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It is directed that till the next date of listing, no coercive action shall be taken against the applicant nos.2 to 10, namely, Kallo Sonkar, Shekhu Sonkar, Bhola Sonkar, Kallu @ Rahul Sonkar, Geeta Sonkar, Seeta Sonkar, Rubi Sonkar, Sangeeta Sonkar & Monti Sonkar in aforesaid case.

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Order Date :- 19.7.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Amit Sonkar and 9 Others v. State of Up and Another

Case brief

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Amit Sonkar and 9 Others v. State of Up and Another

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