Partly allowed

Shahnawaz Alam Alias Jani and 4 Others v. State of U.P. and Another

Allahabad HC2 Sept 2024A482/24835/2024

Case brief

AI extract

What is this about?

This Single Judge disposed of a Section 482 CrPC application for quashing proceedings. The court dismissed the application regarding the first three applicants (husband and parents) but issued notice and directed no coercive action against the other two applicants (brother-in-law and cousin father-in-law).

What did the court decide?

Application dismissed regarding applicants 1, 2, and 3; notice issued to opposite party 2; no coercive action against applicants 4 and 5.

Shahnawaz Alam Alias Jani and 4 Others vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 24835 of 2024

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Applicant :- Shahnawaz Alam Alias Jani And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan 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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It is submitted by learned counsel for applicants that applicants are innocent and no prima facie case is made out against them. The marriage of informant with applicant no.1 has taken place on 02.11.2019. The allegations of dowry demand and harassment of informant levelled against applicants are wholly false. Only general allegations have been levelled against all the accused persons. Regarding alleged incident dated 05.07.2023, wherein informant has alleged that she was assaulted by the accused persons, it has not been specified that which of the accused persons were involved in the said incident. Referring to facts of the matter, it was submitted that no prima facie case is made out against applicants. In support of his contention, learned counsel for the applicants has placed reliance upon case of Kahkashan Kausar @ Sonam and others vs. State of Bihar and others 2022 Live Law (SC) 241 .

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Learned A.G.A. has opposed the application and submitted that there are allegations against all the accused persons that they used to harass the informant on account of dowry and they used to demand Rs. 5 lakhs from her. It was submitted that in view of the allegations made in the first information report and material collected during investigation, a prima facie case is made out against applicants.

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So far applicant no. 1 Shahnawaz Alam @ Jani, applicant no.2 Smt. Nahid Akhtar and applicant no.3 Shahzade Alam are concerned, they are husband, mother-in-law and father-in-law of informant. In the first information report it was

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alleged that the accused persons used to taunt the informant on account of dowry and they used to demand Rs.5 lakhs from her. Informant has further alleged that on 05.07.2023, the accused persons came at her parental home and assaulted her and in the said incident she has sustained injuries. Three injuries have been shown in the medical examination report of informant. Considering allegations made in the first information report and material collected during investigation, no case for quashing of proceedings is made out in respect of applicant no. 1, 2 and 3. Hence, the instant application in respect of applicant no.1, 2 and 3 is hereby dismissed.

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So far applicant no. 4 and 5 are concerned, they are brother-in-law (devar) and cousin father-in-law of informant. Considering law laid down in the case of Kahkashan Kausar @ Sonam (supra) , in respect of applicant nos. 4 and 5, matter requires consideration.

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

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

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List this case on 21.10.2024.

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Till the next date of listing, no coercive action shall be taken against applicant no. 4 and 5, namely, Aman and Nawab Alam in Case No. 503/9 of 2024 (State vs. Shahnawaz Alam @ Jani and others), arising out of Case Crime No. 129 of 2023, under Sections - 498-A, 323 IPC, Section - 3/4 D.P. Act and Section - 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 Police Station - Kotwali, District - Mordabad, pending in the court of Chief Judicial Magistrate, Mordadabad.

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Order Date :- 2.9.2024 S Rawat

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

Shahnawaz Alam Alias Jani and 4 Others v. State of U.P. and Another

Case brief

What is this about?

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Shahnawaz Alam Alias Jani and 4 Others v. State of U.P. and Another

Case brief

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