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Hiraman And 5 Others vs State Of U.P. And Another on 28 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 75

Case :- APPLICATION U/S 482 No. – 43571 of 2019

Applicant :- Hiraman And 5 Others

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

Counsel for Applicant :- Vivek 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 31.8.2019 as well as further proceedings of Complaint Case No. 128 of 2019 (Hiraman and others Vs. Smt. Priyanka) in Complaint No. 198/9/2019, under Sections 498A, Section323, Section504 IPC and 3/4 D.P. Act, P.S. Baberu, District- Banda, pending in the Court of Judicial Magistrate, Baberu, Banda.

As per the allegation made in the complaint, it is alleged that opposite party no. 2 was married to applicant no. 1 on 29.1.2015, 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 applicant no. 1 is alleged to have illicit relation with applicant no. 6 and when opposite party no. 2 raised objection against the said illegal act and conduct, then she was assaulted.

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 6.

Considering the facts and circumstances of the case, so far as the applicant nos. 1, 2 and 6 is concerned, the prayer for quashing the entire proceedings is refused.

However, it is provided that if the applicant nos. 1, 2 and 6 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 6. However, in case, the applicant nos. 1, 2 and 6 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. 3, 4 and 5 are Jeth and Jethani of opposite party No. 2 and have no concern whatsoever with her day to day affairs and have been falsely roped in only on account of being the relative of her husband.

So far as the applicant nos. 3, 4 and 5 are concerned, issue notice to opposite party No. 2, who may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List this case on 20.1.2020 before the appropriate Bench.

Till the next date of listing, further proceeding of Complaint Case No. 128 of 2019 (Hiraman and others Vs. Smt. Priyanka) in Complaint No. 198/9/2019, under Sections 498A, Section323, Section504 IPC and 3/4 D.P. Act, P.S. Baberu, District- Banda, pending in the Court of Judicial Magistrate, Baberu, Banda shall remain stayed only in respect of applicant Nos. 3, 4 and 5.

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

Order Date :- 28.11.2019

KU

 

 

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