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SMT. RAMWATI AND OTHERS versus STATE OF U.P. AND OTHERS

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 [2006] RD-AH 6096 (20 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

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 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.

20.3.2006

sfa/3043/06(Crl.W)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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