Court No. - 72
Case :- APPLICATION U/S 482 No. - 17264 of 2017 Applicant :- Sardar Gurdeep Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shahid Karim Siddiqui,C.K.Parekh Counsel for Opposite Party :- G.A.,Jitendra Prasad Mishra
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri C.K. Parekh, learned counsel for the applicants; Shri Jitendra Prasad Mishra, learned counsel for the opposite party no. 2 and; learned AGA for the State.
2. The present application u/s 482 Cr.P.C. has been filed to quash the summoning order dated 17.08.2013 as well as the entire criminal proceedings in Complaint Case No.334 of 2013 (New No.794/2014), Smt. Gurvindar Kaur vs. Sardar Gurdeep Singh Sarla and others, under Sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mahila Thana Navabad, District Jhansi, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate Ist, Jhansi.
3. Learned counsel for the applicant submits, arising from the matrimonial discord between the applicant no. 1 and opposite party no. 2, wholly false and frivolous allegations have been made against the applicant no. 1 (husband of the opposite party no. 2), his mother and his married sister, who have separate living. As to the complaint allegations and the statements recorded under Sections 200 and 202 Cr.P.C., he submits, it is the admitted case of the opposite party no. 2 that after her marriage, the applicant no. 1 was working at Mumbai while his mother and sister used to live at Nagpur. In this admitted background fact, the allegations of demand of dowry and assault, at least against the mother and sister of the applicant no. 1 are highly improbable.
4. Learned counsel for the opposite party no. 2, on the other hand submits, all the applicants had collectively demanded dowry and persecuted opposite party no. 2 and, therefore, the complaint had been rightly lodged against the applicants and they had been rightly summoned by the learned court below.
5. Having heard learned counsel for the parties and having perused the complaint as also the statements recorded under Sections 200 and 202 Cr.P.C., at least this much is clear that the allegations against the applicant nos. 2 and 3 are general and vague. No specific allegation has been made with reference to any date, place and time as may inspire the confidence of the court to allow the proceedings to proceed against those applicants. Even otherwise, in view of the admission in the complaint itself that the opposite party no. 2 and the applicant no. 1 were living together at Mumbai, the accusation against the applicant nos. 2 and 3, who again admittedly were living at Nagpur, are highly improbable, as such as may not allow the prosecution to proceed any further.
6. In view of the principle of law down by the Supreme Court in Geeta Mehrotra & Another Vs. State of Uttar Pradesh reported in (2012) 10 SCC 741 and Preeti Gupta & Another Vs. State of Jharkhand & Another reported in (2010) 7 SCC 667, the proceeding against the applicant nos. 2 and 3 is hereby quashed.
7. Insofar as applicant no.1 is concerned, it appears that the ingredients of offence are made out against him, at this stage, inasmuch as it is not for this Court to go into the factual aspect of the matter for demand of dowry.
8. Therefore, the relief for quashing the proceedings against the applicant no. 1 in the aforesaid case, is declined.
9. However, it is provided that if the applicant no.1 appears and surrenders before the court below within 45 days from today and applies for bail, his 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 judgment passed by Hon'ble Apex Court Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). For a period of 45 days from today, no coercive action shall be taken against the applicant no.1.
10. With the aforesaid observation, this application stands finally disposed of in respect of applicant no. 1.
Order Date :- 30.4.2019 Prakhar