In this Section 482 application, the applicants sought quashing of a charge sheet and cognizance order in a matrimonial dispute. The High Court noted a prima facie need for consideration and granted notice to the State to file a counter affidavit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:29519
Court No. - 15
Case :- APPLICATION U/S 482 No. - 3406 of 2024
Applicant :- Amrit Lal And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
By means of the instant application, the applicants have sought quashing of the charge-sheet No.89 of 2022 dated 04.11.2022 under Sections 498A, 323, 504, 506 IPC, 3/4 Dowry Prohibition Act, Police Station Mahila Thana, Pratapgarh as well as cognizance order passed by the Civil Judge (J.D.)./F.T.C.-I, Pratapgarh in Criminal Case No.4378 of 2023. Learned counsel for the applicants submits that dispute between the respondent No.2 and her husband is matrimonial in nature and general and bald allegations have been leveled against the applicants who are relatives of the husband. There is no specific allegation at all either in the FIR or in the statement given by the prosecution witnesses against the present applicants. He further submits that impugned proceedings are nothing but an abuse of the process of the law. He has relied on the judgment of the Supreme Court in the case of Kakhashan Kauser @ Sonam & Anr vs State of Bihar & Anr : 2022 (6) SCC 599 (para 7).
Learned A.G.A. opposes the application.
Prima facie the matter requires consideration.
Issue notice to opposite party No.2.
Four weeks' time is granted to the respondents to file counter affidavit. Two weeks' time thereafter shall be available to the
applicants to file rejoinder affidavit.
List on 27.05.2024.
Till the next date of listing of the case proceedings of Criminal Case No.4378 of 2023 shall remain stayed, so far as it relate to the applicants.
Order Date :- 12.4.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the criminal proceedings initiated against the applicants should be quashed as an abuse of the process of law given the matrimonial nature of the dispute.
Whether the applicants' involvement in the alleged incident can be treated as remote given they are relatives of the husband.
Whether the proceedings constitute an abuse of process of the law warranting quashing under Section 482 CrPC.
Colour shows how this judgement treated each authority
Kakhashan Kauser @ Sonam & Anr vs State of Bihar & AnrRelied on¶7
Kakhashan Kauser @ Sonam & Anr vs State of Bihar & Anr : 2022 (6) SCC 599 · Who else cites this
Amrit Lal And 3 Others
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
