ALLAHABAD HIGH COURT
Court No. – 76
Case :- APPLICATION U/S 482 No. – 27416 of 2024
Applicant :- Ankit Kumar Dubey And 7 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Amrendra Kumar Singh,Jayant Kumar,Kishan Dubey
Counsel for Opposite Party :- G.A.
Hon’ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section – 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge sheet dated 05.06.2024 and cognizance/summoning order dated 14.06.2024, of Case No. 22383 of 2024 (State vs. Ankit Kumar Dubey and Others), arising out Case Crime No. 0011 of 2024, under Section – 498-A, 323, 504, 506 I.P.C. and Section – 3/4 Dowry Prohibition Act, Police Station – Mahila Thana, District – Bhadohi, pending in the court of Civil Judge J.D./F.T.C. (Women Harassment), Bhadohi. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. The marriage of informant with applicant no.1 has taken place on 11.05.2022. Only general allegations of dowry demand and harassment of informant have been levelled against all the accused persons. It was submitted that the entire family of applicant no.1 has been named in the first information report.
Applicant no.4 to 6 are unmarried brothers-in-law (devar) of informant and applicant no.7 and 8 are married sisters-in-law (nanad) of informant. Applicant no.7 and 8 were married prior to the marriage of informant with applicant no.1 and they were residing at other place. Regarding applicant no.4 to 8, in the first information report only a vague allegation has been made that on 05.01.2024 they along with co-accused persons have assaulted the informant and turned her out from matrimonial home but in her statement recorded under Section – 161 Cr.P.C., informant has not stated about any such incident. Despite all these facts, the applicant no.4 to 8 have been charge-sheeted in an arbitrary manner.
4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the first information report and material collected during investigation, a prima facie case is made out against applicants.
5. I have considered the rival submissions and perused the record.
6. Perusal of record shows that applicant no.4 to 6 are un-married brothers-in-law (devar) and applicant no.7 and 8 are married sisters-in-law (nanad) of informant. In her statement of victim recorded under Section – 161 Cr.P.C., no specific allegation has been levelled against them. There are various case laws of the Hon’ble Apex Court as well as of this Court that in matrimonial matters the relatives of husband, particularly sister-in-law, brotherin- law of informant/wife must not be charge-sheeted in a routine manner unless and until there is some specific allegation against them. It appears that the police are submitting charge-sheet against such relatives in a routine manner without conducting proper investigation and ignoring the well settled position of law.
7. Let an affidavit be filed by the S.P., Bhadohi, clarifying that in matrimonial matters why charge sheets are being submitted against relatives of husband like brothers-in-law and sisters-in-law of the wife/informant in a routine manner even in cases when there are no specific allegations against them.
8. On the next date fixed, the Investigating Officer of the case shall also be present in person before this Court.
9. Put up this case on 30.09.2024, as fresh.
10. Meanwhile, notice be also issued to the opposite party no.2/informant.
11. It is directed that till the next date of listing, no coercive action shall be taken against the applicants in aforesaid case.
12. A copy of this order may be provided to the learned A.G.A. for necessary compliance.
Order Date :- 12.9.2024