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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 6216 of 2018 Court No. - 85 HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the chargesheet dated 19.09.2017 as well as entire proceedings of Complaint Case No. 310 of 2017, under Sections 498A, 323 504, 506 IPC read with Section 3/4 D.P. Act, P.S. Chakeri District- Kanpur Nagar,. 3. It is submitted by learned counsel for the applicants that opposite party no. 3 has levelled false allegations of demand of dowry against her husband and other family members on account of matrimonial discord with an intention to harass them and to drag the entire family in a criminal case. He has placed reliance upon paragraph no.14 of the judgment delivered by the Hon'ble Apex Court in case of Rajesh Chaddha Vs. State of U.P. 2025 LiveLaw (SC)563. 4. On the contrary, learned counsel for opposite party submits that the applicant and his family members had assaulted her physically and mentally for the shake of dowry. There is specific allegation of physical and mental assault have been assigned to them in the FIR. 5. Learned AGA has also submitted that from the allegations made in the complaint and the statement of the complainant u/s 200 Cr.P.C. and that of the witnesses u/s 202 Cr.P.C, prima facie, offence is clearly made out Versus Counsel for Applicant(s) : Dhiraj Srivastava Counsel for Opposite Party(s) : Abhishek Kumar Mishra, G.A., Sanjeev Kumar Sharma, Vinay Kumar Vineet Kumar And 3 Ors .....Applicant(s) State Of U.P. And 2 Ors .....Opposite Party(s)
against the applicants. 6. Considering the facts and circumstances of the case, so far as the applicants are concerned, the prayer for quashing the entire proceedings is refused. 7. After some argument, learned counsel for the applicants has made a statement at the bar that the applicants are ready to surrender before the court below and seek their bail application. 8. Learned AGA states that he has no objection to the aforesaid prayer made by the counsel for the applicants. 9.
In view of the above, in case the applicants appear before the court below with two weeks and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties. 10. With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of. October 9, 2025 S.K. A482 No. 6216 of 2018 2 (Jai Prakash Tiwari,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad