Court No. - 75
Case :- APPLICATION U/S 482 No. - 43503 of 2019 Applicant :- Abrar @ Annu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Istyak Khan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the NBW order dated 23.10.2019 as well as entire criminal proceedings of Complaint Case No. 434 of 2017 (Smt. Shahida s. Abrar Ahmad & others), under Sections 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Rail Bazar, District- Kanpur Nagar, pending in the court of Addl. Civil Judge (Junior Division)-I, Kanpur Nagar.
As per the allegations made in the complaint, it is alleged that opposite party no. 2 was married to applicant no. 1 on 20.3.2016, however after the said marriage the applicant started demanding additional dowry and for non-fulfilment of demand of additional dowry, he started torturing and maltreating her and also assaulted her and turned out of her matrimonial home.
Learned counsel for the applicant 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 applicant 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.
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 inquiry, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the impugned order as well as proceedings of the aforementioned case is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 28.11.2019 KU