High Court of Judicature at Allahabad
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Smt. Bano & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2197 of 2006  RD-AH 4384 (23 February 2006)
We have heard learned counsel appearing for the petitioners and learned A.G.A.. We have also gone through the FIR 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.49 of 2006, under Sections 498-A,323,,506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mainather, District Moradabad till the trial starts, provided they pay interim compensation to the victim @ of Rs.1500/- per month from today. Such interim compensation from today upto 28.2.2006 shall be deposited in the court of Chief Judicial Magistrate, by 7th March, 2006 and for all subsequent months by 7th day of the following month. The victim shall be entitled to withdraw the same. The liability to pay interim compensation shall be joint as well as individual of all the petitioners.
This order for payment of interim compensation is based on the anology of the decision of Hon'ble Supreme Court in the case of Bodhisatwa Gautam Vs. Subhra Chakraborty (AIR 1996 SC 922).
In case of failure in payment of interim compensation, the order staying the arrest of the petitioner shall stand vacated automatically.
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