Gurbhej Singh vs State of U.P. and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

Gurbhej Singh vs State of U.P. and 4 Others — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court below (Metropolitan Magistrate-4, Kanpur Nagar) to conclude the trial of Complaint Case No. 6119 of 2015, under Section 6 of the Dowry Prohibition Act, P.S. Govind Nagar, District Kanpur Nagar, expeditiously without giving unnecessary adjournment to any of the parties; application disposed of with the aforesaid direction.

Issue for consideration

Whether the court below may be directed to decide Complaint Case No. 6119 of 2015 (under Section 6, Dowry Prohibition Act) expeditiously, notwithstanding the Apex Court's observation in High Court Bar Association Allahabad vs. State of U.P. that High Courts should not normally direct time-bound trials. +1 more

Court's answer

Although the Apex Court has observed that normally High Courts should not direct courts below to decide trials in a time-bound manner, an exception is made in this case because the complaint is against a woman; accordingly, the court below is directed to conclude the trial of Complaint Case No. 6119 of 2015.

Ratio / Principle

The trial of Complaint Case No. 6119 of 2015 (Gurubhej Singh vs. Harpreet Singh and others), under Section 6 of the Dowry Prohibition Act, P.S. Govind Nagar, District Kanpur Nagar, is to be concluded expeditiously without giving unnecessary adjournment to any of the parties.

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.; order dated 23.1.2025) disposed of an application under Section 482 by Gurbhej Singh seeking a direction to the Metropolitan Magistrate-4, Kanpur Nagar to proceed with Complaint Case No. 6119 of 2015 (Gurubhej Singh vs. Harpreet Singh and others) under Section 6 of the Dowry Prohibition Act, P.S. Govind Nagar, District Kanpur Nagar, and to secure the presence of opposite party Nos. 2 to 5. The trial had been stalled by successive applications under Section 482 filed by the accused (No. 37858 of 2016, yielding interim protection via mediation referral, and No. 22682 of 2023, challenging the N.B.W. and the complaint proceeding), with bail later granted to the accused; Application No. 22682 of 2023 stood disposed of with a direction to the accused to appear before the court below. Noting the Apex Court's observation in High Court Bar Association Allahabad vs. State of U.P., Criminal Appeal No. 3589 of 2023, that High Courts should normally not direct courts below to decide trials in a time-bound manner, the Court carved out an exception on the ground that the complaint in question is against a woman, and directed the court below to conclude the trial expeditiously without giving unnecessary adjournment to any of the parties.

Neutral Citation No. - 2025:AHC:11813

Court No. - 77

Case :- APPLICATION U/S 482 No. - 41223 of 2024

Applicant :- Gurbhej Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shashank Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Shashank Tripathi, learned counsel for the applicant and Sri P.P. Tiwari, learned A.G.A. for the State.

The instant application has been filed seeking a direction to the Metropolitan Magistrate-4, Kanpur Nagar, to proceed with the complaint case No. 6119 of 2015 ( Gurubhej Singh vs. Harpreet Singh and others ), under Section 6 of Dowry Prohibition Act, P.S. Govind Nagar, District Kanpur Nagar in accordance with law securing presence of opposite party Nos. 2 to 5 and their cooperation in the trial.

Contention of learned counsel for the applicant is that this complaint was filed in the year 2015, under Section 6 of Dowry Prohibition Act and proceeding of the case could not be concluded for the reason that the accused initially filed Application u/s 482 No. 37858 of 2016 and obtained interim protection in the garb of referring the matter to the mediation centre. However, subsequently, the interim order was not extended, therefore, the accused appeared before the court below and applied for bail which was allowed and they were granted bail. Thereafter, the accused again challenged the N.B.W. as well as the impugned proceeding of the Complaint Case No. 6119 of 2015 through Application u/s 482 No. 22682 of 2023 and obtained interim order because of which the proceeding of the complaint in question could not be proceeded further. It is further submitted that as the Application u/s 482 No. 22682 of 2023 has already been disposed of, directing the accused to appear before the court below, therefore, the court below may be directed to decided the complaint in question expeditiously.

Considering the aforesaid submission and on perusal of the record, this Court is of the view that though the Apex Court in the case of High Court Bar Association Allahabad vs. State of U.P. and others; Criminal Appeal No. 3589 of 2023 has observed that

normally the High Courts should not direct the court below to decide the trial in a time bound manner, but considering the fact that the complaint in question is against woman, therefore, the court below is directed to conclude the trial of the complaint case No. 6119 of 2015 ( Gurubhej Singh vs. Harpreet Singh and others ), under Section 6 of Dowry Prohibition Act, P.S. Govind Nagar, District Kanpur Nagar, expeditiously without giving unnecessary adjournment to any of the parties.

With the aforesaid direction the application is disposed of .

Order Date :- 23.1.2025 Vandana

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad