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Amit Awasthi And 6 Others vs State Of U.P. And Another on 19 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 75

Case :- APPLICATION U/S 482 No. – 20491 of 2018

Applicant :- Amit Awasthi And 6 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Rajendra Singh Parihar

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the summoning order dated 17.08.2015, Non-bailable Warrant dated 30.08.2017 as well as the entire proceedings of Complaint Case No.1750 of 2014 (Smt. Rupali Awasthi Vs. Amit Awasthi), under Section 406 I.P.C., P.S. Govind Nagar, District Kanpur Nagar, pending before the court of A.C.M.M., Court No.3, Kanpur Nagar.

As per the allegations made in the complaint, it is alleged that the marriage of applicant no.1 Amit Awasthi was solemnized with Opposite Party No.2 Smt. Rupali Awasthi on 26.11.2013. At the time of the marriage, Opposite Party No.2 was given various gifts, list of which has been annexed with the the complaint. However, after the solemnization of the said marriage, the applicants have retained her streedhan and had not returned back the same.

The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.

Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicants and as such, impugned order cannot be quashed.

From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon’ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the impugned orders is refused.

However, it is directed that if the applicants appear and surrender before the court below within thirty days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of SectionAmrawati and another vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

For a period of thirty days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 19.11.2019

Zafar

 

 

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