Disposed

Smt Garima Shukla v. State of U.P. and Another

Allahabad HC4 Sept 2024A482/28712/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing proceedings and charge sheet in a domestic dispute case. The High Court refused quashing, citing the Magistrate's consideration of evidence, but granted conditional protection from arrest and directed expeditious consideration of bail.

What did the court decide?

Protection from arrest granted for 30 days pending bail application; quashing of proceedings refused.

Smt Garima Shukla Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:144740

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 28712 of 2024

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Applicant :- Smt Garima Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Pandey,Hari Om Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for applicant, learned Additional Government Advocate for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding as well as charge sheet dated 14.8.2022 as well as summoning order dated 13.10.2023 passed by A.C.J.M. (IX), District Allahabad in Case No. 7730 of 2023 in Case Crime No. 471 of 2022 under Sections 323, 504, 506 I.P.C., P.S. Dhoomanganj, District Prayagraj.

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It is submitted by learned counsel for the applicant that applicant is the wife of the informant. The date of occurrence is said to have taken place on 20.7.2022. It is further submitted that since opposite party no. 2 was not ready to keep the applicant in his house and started torturing the applicant mentally and physically for having female child therefore, the applicant also lodged an F.I.R. having Case Crime No. 519 of 2022 against the informant under section 498A, 323, 504, 506, 377 I.P.C. and 3/4 Dowry Prohibition Act. It is submitted that order impugned is perverse and suffers from manifest error of law. Learned Magistrate without applying his mind summoned the accused for facing the trial.

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Per contra learned Additional Government Advocate opposed the contentions made by learned counsel for the applicants and submitted that the cognizance order has been passed after considering the evidence available on record, therefore, the present application deserves to be dismissed.

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Considering the facts and circumstances of the case and after going through the available record, the prayer for quashing of the entire proceedings of aforesaid case, cognizance order dated

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13.10.2023 is refused.

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However, it is provided that in case the applicant applies for bail within a period of 30 days from today, his application for bail shall be considered and disposed of expeditiously in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2022 SCC OnLine SC 825.

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For a period of 30 days or till the applicant surrenders and applies for bail, no coercive action shall be taken against the applicant in the aforesaid case.

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With the aforesaid observation, the application is disposed of.

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Order Date :- 5.9.2024 SY

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Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad

Smt Garima Shukla v. State of U.P. and Another

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Smt Garima Shukla v. State of U.P. and Another

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