High Court of Judicature at Allahabad
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Smt. Ramwati And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 3043 of 2006  RD-AH 6096 (20 March 2006)
Hon'ble Imtiyaz Murtaza,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 Sections 498A, 323, 504, 506 I.P.C and ¾ of Dowry Prohibition Act, Police Station Uttar, district Firozabad.
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 C-29 of 2005, under Sections 498A, 323, 504, 506 I.P.C and ¾ of Dowry Prohibition Act, Police Station Uttar, district Firozabad Nagar till the conclusion of the trial, provided that they pay interim compensation to the victim Smt.Nirmal Devi wife of Vikram at the rate of Rs.1500/- per month from today. Such interim compensation of this month shall be deposited in the court of Chief Judicial Magistrate, Firozabad by 31st March, 2006 and for all subsequent months by 7th day of the following month. The victim Smt. Nirmal Devi wife of Vikram shall be entitled to withdraw the same. The liability to pay interim compensation shall be upon Vikram, husband of Smt. Nirmal .
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.
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