RAMESH KUSHWAHA & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Ramesh Kushwaha & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1342 of 2006 [2006] RD-AH 2734 (6 February 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Imtiyaz Murtaza, J.

Hon'ble R.N. Misra, J.

We have heard learned counsel for the petitioners and learned A.G.A. We have also gone through the F.I.R. in question, which prima facie discloses the commission of an offence inter alia under Section 498-A I.P.C.

Having regard to the facts and circumstances of the case, we finally dispose of the writ petition by directing that the petitioners shall not be arrested in Case Crime No. 967 of 2005, under Section 498-A, 494, 323 I.P.C. and Section ¾ of Dowry Prohibition Act, Police Station Sadat, district Ghazipur, till the conclusion of the trial, provided that they pay interim compensation to the victim Smt. Rinku Kushwaha (respondent no. 3), wife of Ramesh Kushwaha, petitioner no. 1, at the rate of Rs. 1500/- (one thousand five hundred) per month from today. Such interim compensation from today upto 28.2.2006 shall be deposited in the court of Chief Judicial Magistrate, Ghazipur by 7th March, 2006 and for all subsequent months by 7th day of the following month. The victim  Smt. Rinku Kushwaha, wife of Ramesh Kushwaha, petitioner no. 1, shall be entitled to withdraw the same. The liability to pay interim compensation shall be upon Sri Ramesh Kushwaha, husband of respondent no. 3.

This order for payment of interim compensation is based on the analogy of the decision of Hon'ble Supreme Court in the case of Bodhisattwa Gautam Vs. Subhra Chakraborty (AIR 1996 SC 922).

In case of failure in payment of interim compensation, the order staying the arrest of the petitioners shall stand vacated automatically.

Dated : 6.2.2006

S.B.

WP 1342/06

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