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Arun Kumar Tiwari & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11888 of 2005 [2005] RD-AH 6473 (28 November 2005)


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).


Hon'ble Amitava Lala, J.

Hon'ble Sanjay Misra, 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 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. 25 of 2005, under Sections 498-A, 323, 506 I.P.C. and ¾ of Dowry Prohibition Act, Mahila Police Station, District Kanpur Nagar till the trial starts, provided they pay interim compensation to the victim Smt. Nisha Tiwari, respondent no. 3, @ 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, Kanpur Nagar by 07th December, 2005 and for all subsequent months by 07th day of the following month. The victim Smt. Nisha Tiwari 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.

Dt./- 28.11.2005.



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