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Sushil Sharma @ K.K. Sharma vs State Of Up And Another on 19 October, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 41

Case :- APPLICATION U/S 482 No. – 36578 of 2019

Applicant :- Sushil Sharma @ K.K. Sharma

Opposite Party :- State Of Up And Another

Counsel for Applicant :- Rajesh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 619 of 2015, Smt. Ranjana Sharma Vs. Sushil Sharma @ K.K.Sharma and others, under Section 406 IPC, P.S. Shahganj, District Agra as well as bailable warrant dated 22.5.2019 passed by A.C.J.M. court no. 4, Agra in the aforementioned case, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra.

The contention of learned counsel for the applicant is that the dispute is between husband and wife. Prior to this application the applicant has filed an application under section 482 No. 19628 of 2019 which was disposed of by another bench of this court vide order dated 16.5.2019. It has been further submitted that the matter may be settled in between the parties.

A perusal of the record shows that the opp. party no. 2 Smt. Ranjan sharma has filed a complaint against the applicant and 5 others stating therein that the marriage of the opp. party no. 2 was solemnized with the applicant on 11.5.2011. The parents of the opp. party no. 2 spent Rs. 20 lacs in her marriage. Ornaments and other domestic articles were also given by the parents of the opp. party no. 2. The applicant and his family members were not satisfied with the dowry and they harassed and tortured the opp. party no. 2 demanding Rs. 5 lacs as dowry and ousted her from their house. Learned Magistrate after considering the entire evidence and material available on record and finding prima facie case summoned the applicant to face trial under Sectionsection 406 I.P.C. Prior to this application the applicant filed an application under section 482 No. 19628 of 2019 to quash the entire proceedings as well as summoning order dated 11.7.2018 of the aforementioned case no. 619 of 2015. The prayer for quashing the same was refused by another bench of this court. The application under Sectionsection 482 Cr.P.C. no. 19628 of 2019 was disposed of vide order dated 16.5.2019. Again the applicant has prayed to quash the entire proceeding of aforementioned case along with bailable warrant. Although the first application under Sectionsection 482 Cr.P.C. No. 19628 of 2019 has been disposed of by another bench of this court and prayer for quashing the entire proceeding has been refused.

Considering the facts and circumstances of the case, I don’t find any ground to quash the entire proceedings of the aforementioned case as well as bailable warrant dated 22.5.2019, therefore, the prayer for quashing the same is hereby refused

This application under Sectionsection 482 Cr.P.C. is hereby dismissed.

Order Date :- 19.10.2019

Gss

 

 

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