KAILASH CHANDRA AGRAWAL Vs. STATE OF U.P.
LAWS(SC)-2014-9-50
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
September 16,2014
Kailash Chandra Agrawal
Appellant
VERSUS
STATE OF U.P.
Respondents
Referred Judgements :-
KANS RAJ VS. STATE OF PUNJAB [REFERRED TO]K RAMAKRISHNA VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
RAMESH G.H. VS. STATE OF KARNATAKA [LAWS(KAR)-2022-2-176] [REFERRED TO]MANISH RAGHUVANSHI VS. STATE OF M.P. [LAWS(MPH)-2019-3-104] [REFERRED TO]
DURGA SHARAN VS. STATE OF MP [LAWS(MPH)-2022-3-206] [REFERRED TO]
VEGI SATISH VS. VEGI SNEHA [LAWS(TLNG)-2019-3-13] [REFERRED TO]
SAPNA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2019-9-171] [REFERRED TO]
UMA SHANKAR VS. STATE OF M, P. [LAWS(MPH)-2019-10-50] [REFERRED TO]
RASHMI CHOPRA VS. STATE OF UTTAR PRADESH [LAWS(SC)-2019-4-130] [REFERRED TO]
NIRAJ SHAHI @ NIRAJ KUMAR SHAHI VS. STATE OF BIHAR [LAWS(PAT)-2019-4-173] [REFERRED TO]
PRABHAKAR MOHITE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2018-9-80] [REFERRED TO]
DEBASISH MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-3-50] [REFERRED TO]
NAGARATHNAMMA AND ORS. VS. M.S. VANITHASHREE [LAWS(KAR)-2016-2-1] [REFERRED TO]
SHABNAM SHEIKH W/O. ARIF SHEIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-10-348] [REFERRED TO]
VIKAS ARYA & ANO VS. STATE OF M P & ANO [LAWS(MPH)-2017-1-219] [REFERRED TO]
AMIT AGARWAL VS. SANJAY AGGARWAL [LAWS(P&H)-2016-5-112] [REFERRED TO]
SIRESENAMBETI VARUN KRISHNA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2024-4-64] [REFERRED TO]
SARFUDDIN MEHARAJ VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-13] [REFERRED TO]
NANAJI NATHU MORE AND ORS VS. STATE OF MAHARASHTRA & ANR [LAWS(BOM)-2018-9-61] [REFERRED TO]
SURAPANENI SRIVALLI VS. STATE OF A.P. [LAWS(TLNG)-2018-12-17] [REFERRED TO]
MOHAMMAD SHAMEER VS. STATE OF KARNATAKA [LAWS(KAR)-2022-5-82] [REFERRED TO]
SAVITA SHUKLA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-4-28] [REFERRED TO]
SHIWANGI PRABHAT VS. STATE OF BIHAR [LAWS(PAT)-2022-9-10] [REFERRED TO]
BIRENDRA KRISHNA NAG VS. SUSHMITA NAG CHATTERJEE [LAWS(CAL)-2024-3-106] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)This appeal has been preferred against the Order dated 2nd May, 2011 of the High Court of Judicature of Allahabad declining to quash the proceedings against the appellants under Section 406 of the Indian Penal Code and Section 6 of the Dowry Prohibition Act, 1961.
(3.)The case of the complainant in the FIR registered on 4th May, 2010 in the Bhelupur Police Station at Varanasi is that her marriage was solemnised on 30th April, 2005. Her brothers who lived abroad gave lot of dowry and cash in the marriage but her family could not fulfil more demands raised by the elder brother of her husband's father, who was the head of the joint family on account of which family members of her husband were not satisfied and tortured her. On account of torture, she came to her parents house with her child on 1st March, 2009 she gave a complaint on 27th April, 2010 leading to registration of the FIR on 4th May, 2010. She also filed complaint in the Court of Additional Chief Judicial Magistrate, Varanasi. In the said complaint, the appellants were summoned vide Order dated 30th November, 2010.
(2.)This appeal has been preferred against the Order dated 2nd May, 2011 of the High Court of Judicature of Allahabad declining to quash the proceedings against the appellants under Section 406 of the Indian Penal Code and Section 6 of the Dowry Prohibition Act, 1961.
(3.)The case of the complainant in the FIR registered on 4th May, 2010 in the Bhelupur Police Station at Varanasi is that her marriage was solemnised on 30th April, 2005. Her brothers who lived abroad gave lot of dowry and cash in the marriage but her family could not fulfil more demands raised by the elder brother of her husband's father, who was the head of the joint family on account of which family members of her husband were not satisfied and tortured her. On account of torture, she came to her parents house with her child on 1st March, 2009 she gave a complaint on 27th April, 2010 leading to registration of the FIR on 4th May, 2010. She also filed complaint in the Court of Additional Chief Judicial Magistrate, Varanasi. In the said complaint, the appellants were summoned vide Order dated 30th November, 2010.
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