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Vikash & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 1362 of 2006  RD-AH 2756 (6 February 2006)
Hon'ble Imtiyaz Murtaza, J.
Hon'ble R.N. Misra, J.
Supplementary affidavit filed today is placed on the record.
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. 89702003806/06, under Section 498-A, 323, 504 and 506 I.P.C. and Section ¾ of Dowry Prohibition Act, Police Station Dadri, district Gautam Buddha Nagar, till the conclusion of the trial, provided that they pay interim compensation to the victim Smt. Rakhi, wife of Vikash, petitioner no. 1, at the rate of Rs. 2000/- (Two thousand) per month from today. Such interim compensation from today upto 28.2.2006 shall be deposited in the court of Chief Judicial Magistrate, Gautam Buddha Nagar by 7th March, 2006 and for all subsequent months by 7th day of the following month. The victim Smt. Rakhi, wife of Vikash, petitioner no. 1, shall be entitled to withdraw the same. The liability to pay interim compensation shall be upon Sri Vikash, husband of the daughter 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
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