Court No. - 75
Case :- APPLICATION U/S 482 No. - 27975 of 2018 Applicant :- Mohd. Jamaluddin And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Janam Singh Counsel for Opposite Party :- G.A.,Gaurabh Srivastava,Saiyad Iqbal Ahmed,Vikrant Pandey
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, Sri Bhanu Prakash Tiwari holding brief of Sri Vikrant Pandey, learned counsel for opposite party no. 2, 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 summoning order dated 21.4.2018 as well as entire criminal proceedings of Complaint Case No. 40361 of 2018 (Smt. Chandani Vs. Mohd. Jamaluddin and others), under Sections 498-A, 323, 504, 506 IPC and 3/4 of D.P. Act, P.S. Chakeri, District- Kanpur Nagar, pending in the court of Metropolitan Magistrate, Court No. 2, 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 3.10.2011, however after the said marriage the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and committed cruelty with her and also turned her out of her matrimonial home.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, no offence is disclosed against the applicants 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 as well as learned counsel for the opposite party no. 2 have submitted that from the perusal of the allegations made in the complaint and the material collected during the course of enquiry, prima facie offence is clearly made out against the applicants 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 summoning order as well as proceedings of the aforementioned case is refused.
However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. 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 :- 17.12.2019 KU