Court No. - 65
Case :- APPLICATION U/S 482 No. - 33281 of 2014
Applicant :- Dr. Kamal Kishor Verma And 2 Ors. Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- Govt. Advocate,J.S. Pandey,Nitin Srivastava,Vijay Singh Kushwaha,Vijay Tripathi,Vinod Kumar Maurya
Hon'ble Dinesh Kumar Singh-I,J.
Sri Ajay Kumar Pandey, learned counsel for the applicant and Sri J. S. Pandey, learned counsel for the opposite party no. 2 and Sri Attrey Dutt Mishra, learned A.G.A. for the State are present.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 18.07.2013, as well as entire proceedings of Case No. 1188 of 2014 (State Vs. Dr. Kamal Kishore Verma and others), arising out of Case Crime No. 34 of 2014, under Sections 498-A, 323, 504, 506 of I.P.C. and 3/4 of D.P. Act, Police Station Mahila Thana, District Agra, pending in the court of Additional Chief Judicial Magistrate II, Agra.
It is argued by the learned counsel for the applicant that the applicant have been falsely implicated by the opposite party no.
2. Attention is drawn by him to a compromise at page 11 in Criminal Withdrawal Application No. 97303 dated 23.03.2017, which has been signed by the opposite party no. 2 as well as the accused applicant no. 1 and it is argued that both the parties have entered into a compromise. The proceedings of the present case needs to be quashed.
It is argued by the learned counsel for the opposite party no. 2 that there is no such compromise has been taken place between the parties. There is no justification to quash the proceeding in the present case.
Learned A.G.A. has opposed the prayer for quashing.
I have gone through the F.I.R. In which it is mentioned by the opposite party no. 2 that her marriage was performed with the accused applicant on 09.12.2011, in which about 25 lacs were spent but the persons at her matrimonial home were not satisfied with the dowry which was given at the time of marriage and the accused-applicants were harassing the victim for bringing dowry of Rs. 10,00,000/- for which she was being abused and badly ill-treated. On 10.09.2013 she was thrown out from her matrimonial home after having been beaten. She also got her medical examination conducted and now she is living with her parents and doing a job. After investigating this matter, charge sheet has been submitted on 18.07.2014 against the accused applicants after having recorded as many as seven witnesses. The statement of the witnesses cannot be disbelieved in proceeding under Section 482 Cr.P.C. as the same would require trial.
The prayer for quashing the proceedings is refused.
However, it is provided that if the applicants appear and surrender before the court below within 45 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 45 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 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 :- 30.9.2019 VPS