Disposed

Shushma Devi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

Allahabad HC5 Aug 2024A482/6858/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC read with Section 528 BNSS to quash a charge sheet under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act against relatives-in-law of the complainant. Relying on Geeta Mehrotra and Kahkashan Kausar, the court found the matter requires consideration, issued notice, and stayed proceedings against the applicants until the next listing.

What did the court decide?

Notice issued; proceedings stayed against applicants till next listing (September 2024), conditional on steps within seven working days.

Shushma Devi and Another vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6858 of 2024

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Applicant :- Shushma Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. And Another Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record.

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The present petition under Section 482 Cr.P.C read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants with the prayer to quash/set-aside the charge sheet No. 77/2023 dated 09.03.2023 submitted in Case Crime No. 554/2022, under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station Harpalpur, District Hardoi as well as cognizance/summoning order dated 17.08.2023 and further to entire proceedings initiated in pursuance of Criminal Case No. 19375 of 2023.

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Considering the facts, as indicated, that the marriage of opposite party No. 2 was solemnized with one Ravi Kant s/o Kusuma and Kusuma is real sister of applicant No. 1 meaning thereby that the applicant No. 1 is cousin mother-inlaw (Mausia Sas) and also that the applicant No. 2 is cousin sister-in-law of the opposite party No. 2 and further that both the applicants are living separately and also the law laid down by the Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others reported in (2012) 10 SCC 741 and Kahkashan Kausar v. State of Bihar reported in (2022) 6 SCC 599 , this Court is of the view that the matter requires consideration.

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Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

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List/put up this application in the month of September, 2024.

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Till the next date of listing, the proceedings, in issue, shall remain stayed so far as the same relate to the applicants.

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In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants.

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Order Date :- 5.8.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Shushma Devi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

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Shushma Devi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. and Another

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