Disposed

Mahesh Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Allahabad HC10 May 2024A482/4116/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a charge sheet and related proceedings for alleged dowry harassment, the judge accepted the notice to the opposite party and ordered a stay on the criminal proceedings until the next hearing.

What did the court decide?

Stay on the proceedings of Criminal Case No.4978 of 2024 until the next date of listing.

Mahesh Kumar and Others vs State of U.P. Thru. Addl… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 27

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Case :- APPLICATION U/S 482 No. - 4116 of 2024

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Applicant :- Mahesh Kumar And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another Counsel for Applicant :- Satyendra Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shamim Ahmed,J.

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Heard Sri Satyendra Kumar Tiwari, learned counsel for the applicants and Sri Ashok Kumar Singh, learned A.G.A.-I for the State.

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The instant application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 30.09.2020 bearing No.22/2020, Criminal Case No.4978 of 2024, Case Crime No.21 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Amethi including the summoning order dated 14.01.2021 alongwith entire proceedings in pursuance thereof.

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Learned counsel for the applicants submits that the entire family has been implicated in a false case. The story as narrated in the first information report is a general allegation regarding demand of dowry and causing cruelty to the opposite party no.2. The marriage of the applicant no.1 and opposite party no.2 was solemnized on 11.05.2013 as per Hindu Rites and Rituals. Till 2019 everything was going well except some minor dispute which always happens between husband and wife. The opposite party no.2 left the house of applicant no.1 in the year 2017 and did not return back. The applicant filed a petition under Section 9 of the Hindu Marriage Act in the year 2019, wherein notices were issued to the opposite party no.2. Annoyed with the notice, the opposite party no.2 had lodged the instant F.I.R. with false allegation.

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Learned counsel for the applicants further submits that the named accused were living separately and have no concern with the affairs of the applicant no.1 and opposite party no.2. There is malafide intention of the opposite party no.2 to falsely implicate the entire family of the applicants only with intention for harassment. The opposite party no.2 has also filed a petition under Section 13 of the Hindu Marriage Act for divorce, wherein she has also obtained an ex-parte order i.e. decree of divorce on 24.11.2023. He further submits that the entire

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proceedings is nothing but an abuse of process of law. Thus, he prays for interim relief.

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The matter requires consideration on the fact and law both.

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Learned A.G.A.-I has accepted notice on behalf of the State i.e. opposite party no.1.

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Issue notice to the opposite party no.2 through R.P.A.D. returnable at an early date.

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Steps in this regard be taken within ten days from today.

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Learned A.G.A.-I as well as opposite party no.2 may file counter affidavit within four weeks. Rejoinder affidavit may also be filed within two weeks thereafter.

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Put up this case on 04.09.2024 before appropriate Bench.

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Till the next date of listing the proceedings of Criminal Case No.4978 of 2024, Case Crime No.21 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Mahila Thana, District Amethi shall remain stayed in respect of the applicants.

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Order Date :- 10.5.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Mahesh Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Case brief

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Mahesh Kumar and Others v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

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