Court No. - 17
Case :- APPLICATION U/S 482 No. - 5709 of 2018
Applicant :- Rajneesh Kumar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 27.09.2016 in Criminal Case No. 2792 of 2017 (State Vs. Rajneesh and others) arising out of Case Crime No. 954 of 2015, under Sections 323, 504, 506, 498-A I.P.C. and 3/4 D.P. Act Police Station Kotwali Nagar, District Etah pending before C.J.M., District Etah.
It is contended by the learned counsel for the applicants that a false case of demand of dowry has been initiated against the accused applicant Nos. 1 to 6 by O.P. No.2.
Heard the arguments of learned counsel for the applicants, learned A.G.A. and perused the record.
As per F.I.R. the marriage took place on 25.04.2008 according to Hindu Rites and, thereafter, on 24.05.2015, the victim was ousted from the matrimonial house for a demand of Rs. 2,00,000/- which could not be fulfilled. Due to non-fulfillment of the said demand, she was abused, beaten, tortured and harassed by the accused applicant Nos. 1 to 6; police has submitted charge-sheet after holding investigation.
Learned A.G.A. has stated that compromise was tried to be reached in this case at the initial stage in District Court, Etah which has failed. Learned counsel for the applicants also stated that there is no chance of compromise between the parties.
At this stage, the statement recorded by police cannot be disbelieved without trial, hence, the prayer for quashing the charge-sheet is refused.
However, it is provided that if the accused applicant Nos. 2 to 6 appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may 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 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the accused applicant Nos. 2 to 6. However, in case, the accused applicant Nos. 2 to 6 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 :- 23.2.2018
A. Mandhani