Disposed

Smt. Rupa Devi and 2 Others v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home and Another

Allahabad HC9 Apr 2024A482/3322/2024

Case brief

AI extract

What is this about?

The Allahabad High Court (Lucknow Bench) received an application under Section 482 Cr.P.C. seeking quashing of a summoning order in a dowry and cruelty case. The court did not decide the merits but noted the matter requires consideration on facts and law.

What did the court decide?

Notice issued to opposite party No. 2 to enable factual resolution; case listed for further hearing.

Smt. Rupa Devi and 2 Others vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 3322 of 2024

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Applicant :- Smt. Rupa Devi And 2 Others Opposite Party :- State Of U.P. Thru. Its Prin.Secy. Deptt. Of Home And Another

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Counsel for Applicant :- Poonam Singh,Shishir Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri R.B. Yadav, Advocate, holding brief of Ms. Poonam Singh, learned counsel for the applicants, and the learned A.G.A. for the State/opp. party No. 1, and perused the record.

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This application Section 482, Cr.P.C. has been filed by the applicants seeking quashing of the summoning order dated 25.05.2022 passed in Complaint Case No. 2662 of 2019, Nidhi Prabha Rawat v. Amit Kumar Rawat & ors., under Section 354/498A, I.P.C. and Section 3/4, Dowry Prohibition Act, P.S. P.G.I., District Lucknow, by the learned Addl. Civil Judge (Jr. Div.), Room No. 48, Lucknow.

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Learned counsel for the applicants submits that the applicant No. 1 is mother-in-law of the opp. party No. 2 and applicant Nos. 2 and 3 are her brother-in-laws. The present case has been lodged against the applicants only with the intention to grab the property of the applicants. In fact the husband of opp. party No. 2 had died due to Cancer in 2019 and since thereafter the opp. party No. 2 has been living separately at her parental house and she never turned back to the in-laws house, thus, no question arises regarding demand of dowry or causing cruelty, as alleged in the complaint case. The entire story narrated in the complaint-case is nothing but a ploy to create pressure on the applicants to get share of the husband in the property, so that on the basis of the present case the applicants may compromise with the situation and give share to the opp. party No. 2. Even though the learned counsel for the applicants further submits that whatever the allegations have been levelled, these all are general allegations and even though the applicants are not beneficiary of the said demand and before this complaint no other any complaint or F.I.R. was ever registered against the applicants regarding causing cruelty or demand of dowry. Thus, the learned counsel submits that the entire allegations have been

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levelled against the applicants malafidely and with a view to create pressure. Learned counsel prays for interim relief.

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The matter requires consideration on the facts and law both.

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Learned A.G.A. Sri Ashok Kumar Srivastava, has accepted notice on behalf of the opp. party No. 1.

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Issue notice to the opposite party No. 2 R.P.A.D.

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Steps for service of notice be taken within 2 weeks.

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Learned A.G.A. as well as opp. party No. 2 are allowed 4 weeks' time to file counter affidavit. 2 weeks' time thereafter is allowed to the applicants for filing rejoinder affidavit, if any.

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Put up this case on 31.07.2024 .

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Till the next date of listing, further proceeding of the summoning order dated 25.05.2022 passed in Complaint Case No. 2662 of 2019, Nidhi Prabha Rawat v. Amit Kumar Rawat & ors., under Section 354/498A, I.P.C. and Section 3/4, Dowry Prohibition Act, P.S. P.G.I., District Lucknow, by the learned Addl. Civil Judge (Jr. Div.), Room No. 48, Lucknow.

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( Shamim Ahmed, J. )

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Order Date :- 9.4.2024 A.Nigam

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Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench

Smt. Rupa Devi and 2 Others v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home and Another

Case brief

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Smt. Rupa Devi and 2 Others v. State of U.P. Thru. Its Prin.Secy. Deptt. of Home and Another

Case brief

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