Court No. - 15
Case :- APPLICATION U/S 482 No. - 5168 of 2013 Applicant :- Smt. Lata Bharti And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- V.P. Gutpa,Vindeshwari Prasad Counsel for Opposite Party :- Govt. Advocate,Pradeep Saxena
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri V.P. Gupta, learned counsel for the applicants, Shri Pradeep Saxena, learned counsel for opposite party no. 2 along with learned A.G.A. for the State and perused the record.
Applicants by means of instant application has invoked inherent jurisdiction of this Court under section 482 Cr.PC with prayer seeking quashing of proceedings of Criminal Case No. 3573 of 2012 (State vs. Ravishankar and others), arising out of case crime no. 152 of 2012, under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Ijjat Nagar, District - Bareilly, pending in the court of learned C.J.M. Bareilly.
Learned counsel for applicants has submitted that applicants, who are nand and nandoi of opposite party no. 2 have no concern with matrimonial dispute between opposite party no. 2 and her husband, they have been falsely implicated on account of being close relative only. He has further submitted that both above mentioned applicants are the residents of District Bijnor. Applicant no. 2, Sanjay Bharti is a Sahayak Basic Siksha Adhakari posted at Joya in District Amroha. He has further submitted that allegations with regard to cruelty for demand of dowry levelled against applicants are general in nature, no specific allegation has been made. He has further submitted that applicants having separate living and having no concern with dispute between opposite party no. 2 and her husband, they are being maliciously prosecuted which is abuse of process of court.
Per contra, learned counsel appearing for opposite party no. 2 submitted that applicants being close relative of husband of opposite party no. 2 had active participation in the offence. However, he did not dispute that they are residents of district Bijnore, they never resided with opposite party no. 2 at her matrimonial home.
Having heard the respective submissions of learned counsel of both sides and considering that applicants are nand and nandoi of opposite party no. 2 who are residing at far off place and allegations levelled against them are general in nature, there is no allegation of cruelty for demand of dowry against them, their case is squarely covered with judgement of Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P. and others, 2012 (10) ADJ 464 and as such, proceedings of criminal case are liable to be quashed against them.
Accordingly, proceedings of Criminal case no. Criminal Case No. 3573 of 2012 (State vs. Ravishankar and others), arising out of case crime no. 152 of 2012, under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Ijjat Nagar, District - Bareilly, pending in the court of learned C.J.M. Bareilly in respect of applicants only are quashed.
Application stands decided accordingly.
Order Date :- 24.4.2018 /Bhanu