Court No. - 53
Case :- APPLICATION U/S 482 No. - 14570 of 2018 Applicant :- Indra @ Indrawati And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Satyendra Kumar Tripathi, learned counsel for the applicants and Sri Shyamdhar Yadav, learned AGA along with Sri Mayank Awasthi appearing for the State.
This is an application filed under Section 482 Cr.P.C. seeking to quash the entire proceeding of case no.65952 of 2017 (State Vs. Indra @ Indrawati and others), arising out of case crime no.840 of 2017, under Sections 498A, 306 IPC, Police Station Chakeri, District Kanpur Nagar as well as charge sheet no.517 of 2017 dated 08.11.2017 and cognizance order dated 13.11.2017, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
The submission of the learned counsel for the applicants is that the applicants are the mother-in-law and sister-in-law (Jethani) and the allegation regarding abetment, if at all, is against the husband, who has been bailed out. He further submits that no prima facie worth trial is made out against the applicants.
Learned A.G.A. has opposed the motion for admission of this application and amongst other evidences, he has invited attention of this Court to the statement of the first informant, a copy of which has been annexed as Annexure 2 to the affidavit filed in support of the application, where there is allegation of demand of dowry against the applicants including a demand in cash of Rs.15 lakh and a car. May be the allegations may not stand scrutiny at the trial, but it is not a fit case for interference by this Court under Section 482 Cr.P.C.
Accordingly, the prayer for quashing the entire proceedings of the aforesaid case is refused.
However, in case the applicants surrender before the court below within 45 days from today and apply for bail, their 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 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, the application is finally disposed of.
Order Date :- 27.4.2018 Anoop