Court No. - 75
Case :- APPLICATION U/S 482 No. - 43371 of 2019 Applicant :- Nisar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the impugned summoning order dated 15.03.2019 as well as entire proceedings of Case No. 434/IX/2019, (Smt. Shamimun Nisha Vs. Nisar and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Naraini, District Banda, pending in the Court of Additional Chief Judicial Magistrate/Fast Track Court, Banda.
As per allegations made in the complaint, it is alleged that the Opposite Party No.2 was married to applicant no.1, however, after the said marriage, the applicants started demanding additional dowry from Opposite Party No.2 and for non-fulfillment of additional dowry, they starting torturing her and maltreated her and she was also turned out of her matrimonial home.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present application has been instituted with a malfide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
Per contra, learned AGA has 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, impugned summoning order as well as entire criminal proceedings cannot be quashed.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicant nos. 1 and 3. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
At this stage, disputed question of fact cannot be considered, therefore, in view of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the impugned summoning order as well as entire proceedings is refused.
The application under Section 482 CrPC is dismissed in respect of applicant nos.1 and 3.
However, it is directed that if the applicant nos.1 and 3 appear/surrender before the court below within thirty 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 judgment 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 thirty days from today or till the applicants surrender/apply for bail, whichever is earlier, no coercive action shall be taken against the applicants nos.1 and 3. However, in case, the applicant nos.1 and 3 do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
Learned counsel for the applicants has next submitted that the applicant no.2 is the brother-in-law of Opposite Party No.2 and he has no concern whatsoever with the day to day affairs between the applicant no.1 and the Opposite Party No.2 and the allegations made against him is false and frivolous.
Matter requires consideration.
Issue notice to the Opposite Party No.2 to file counter affidavit returnable within four weeks.
List on 20.01.2020.
Till then, further proceedings of Case No. 434/IX/2019, (Smt. Shamimun Nisha Vs. Nisar and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Naraini, District Banda, pending in the Court of Additional Chief Judicial Magistrate/Fast Track Court, Banda shall remain stayed against the applicant no. 2.
Order Date :- 28.11.2019 Nadim