The Allahabad High Court, Lucknow Bench, has stayed further criminal proceedings in a dowry harassment case after noting prima facie improbabilities in the allegations levelled against the husband.
Justice Pankaj Bhatia, while hearing an application under Section 482 of the Code of Criminal Procedure, observed that the FIR, lodged in 2020, alleged a demand of ₹5 lakh and a Swift Dzire car at the time of marriage in 2003. The Court took note of the submission that the Swift Dzire model itself was launched only around 2008, rendering the allegation apparently untenable.
Counsel for the applicant further pointed out that matrimonial disputes between the parties were already pending, including proceedings under Section 125 CrPC for maintenance, suggesting an ongoing inter se dispute. After hearing the applicant’s counsel and the learned Additional Government Advocate, the Court held that the matter required consideration and issued notice to the opposite party.
Pending the next date of listing, the High Court stayed further proceedings. The matter has been directed to be listed and connected with another pending application under Section 482 CrPC, with the interim protection to continue till the next hearing.
Appearances:
Counsel for Applicant(s) : Navneet Yadav, Mohd. Yasir
Counsel for Opposite Party(s) : G.A.
