Court No. - 72
Case :- APPLICATION U/S 482 No. - 28531 of 2017 Applicant :- Gulam Khwaja Opposite Party :- State Of U.P. And Anr.
Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A.,Pradeep Kumar Tiwari
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mahendra Tripathi, learned counsel for the applicant; Sri Pradeep Kumar Tiwari, learned counsel for the opposite party no.2 and; learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 28.06.2017 as well as entire proceeding of Complaint Case No. 4693 of 2016 (Rihana Vs. Gulam Khwaja) under sections 406 IPC, P.S. Shahganj, District Agra, pending in the Court of learned A.C.J.M.-4, Agra.
3. Though the mediation has failed, learned counsel for the applicants submits, arising out of the matrimonial discord between applicant and opposite party no. 2, wholly false and frivolous allegations had been made with respect to the Streedhan. Therefore, it has been prayed, the present prosecution is devoid of any merit and deserves to be quashed.
4. Opposing the present application, learned counsel for the opposite party no.2 submits, at present, the complaint made by the opposite party no.2 is specific and contains all material particulars as to the commission of the offence. Therefore, the present application does not call for any interference.
5. Having heard learned counsel for the parties and having perused the complaint as also the statements recorded under Sections 200 and 202 Cr.P.C., it appears, there are specific allegations against the applicant with respect to dishonest use of Streedhan.
6. In view of the above, prima facie ingredients of the offence alleged are made out and, therefore, the prayer made for quashing the proceeding against the applicant in the aforesaid case is declined.
7. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall 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, no coercive measure shall be taken against the applicant in the aforesaid case.
8. With the aforesaid directions, this application is disposed of.
Order Date :- 31.5.2019 Prakhar