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Anil Kumar Singh Chauhan & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11522 of 2005  RD-AH 6029 (21 November 2005)
Hon'ble Amitava Lala, J.
Hon'ble Amar Saran, J.
We have heard learned Counsel appearing 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 a matrimonial offence under Section 406 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. 3103 of 2005, under Section 406 I.P.C., Police Station Baradari, District Bareilly till the trial starts provided they pay interim compensation to the victim Smt. Arti Singh, respondent no. 4 @ Rs. 1500/- per month from today. Such interim compensation from today upto 30.11.2005 shall be deposited in the Court of Chief Judicial Magistrate, Bareilly by 07th December, 2005 and for all subsequent months by 07th day of the following month. The victim Smt. Arti Singh 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 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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