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Anurag Pathak And 4 Others vs State Of U.P. And Another on 6 January, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 75

Case :- APPLICATION U/S 482 No. – 176 of 2020

Applicant :- Anurag Pathak And 4 Others

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

Counsel for Applicant :- Anand Kumar Singh

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Gupta,J.

Heard learned counsel for the applicants and learned AGA for the State.

The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 7.11.2019 as well as entire proceedings of Complaint Case No. 424 of 2019 (Nisha Pathak Vs. Anurag Pathak and others), under Sections 498A, Section354, Section323, Section504, Section506, Section342, Section354-A IPC and 4 of D.P. Act, P.S. Chakeri, District- Kanpur Nagar pending in the Court of Civil Judge (S.D.)/Fast Track Court, Kanpur Nagar.

As per the allegation made in the complaint, it is alleged that opposite party no. 2 was married to applicant no. 1 on 4.12.2017, however, after the said marriage the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and father in-law tried to outrage her modesty and poured kerosene oil on her and tried to strangulate her and turned her out of her matrimonial home.

Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

Learned AGA has submitted that from the allegations made in the complaint and the statement of the complainant u/s 200 SectionCr.P.C. and that of the witnesses u/s 202 SectionCr.P.C, prima facie, offence is clearly made out against the applicant Nos. 1,2 and 3.

Considering the facts and circumstances of the case, so far as the applicant nos. 1, 2 and 3 is concerned, the prayer for quashing the entire proceedings is refused.

However, it is provided that if the applicant nos. 1, 2 and 3 appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant nos. 1, 2 and 3. However, in case, the applicant nos. 1, 2 and 3 do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

It is further submitted that applicants No. 4 and 5 are maternal father in-law and maternal mother in-law of opposite party No. 2 and have no concern whatsoever with day to day affairs between opposite party no. 2 and her husband and are living separately and have been falsely roped in only on account of being the relative of her husband.

So far as the applicant nos. 4 and 5 are concerned, issue notice to opposite party No. 2, who may file counter affidavit within three weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within one week thereafter.

List this case on 26.2.2020 before the appropriate Bench.

Till the next date of listing, further proceeding of Complaint Case No. 424 of 2019 (Nisha Pathak Vs. Anurag Pathak and others), under Sections 498A, Section354, Section323, Section504, Section506, Section342, Section354-A IPC and 4 of D.P. Act, P.S. Chakeri, District- Kanpur Nagar pending in the Court of Civil Judge (S.D.)/Fast Track Court, Kanpur Nagar shall remain stayed only in respect of applicant Nos. 4 and 5.

This case shall not be treated as tied up or part heard with this Bench.

Order Date :- 6.1.2020

KU

 

 

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