Chhotakki @ Kiran vs State of U. P. - 2023 Supreme(All) 2737

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2737

SHREE PRAKASH SINGH
Chhotakki @ Kiran – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Applicant : Arvind Kumar Verma.
For the Opposite Parties : G.A.

JUDGMENT

Shree Prakash Singh, J.

Heard Sri Arvind Kumar Verma, learned counsel for the applicant, Sri Aniruddh Kumar Singh, learned AGA-I for the State.

2. Since pure legal question is involved in this matter, therefore the notice to the opposite party no. 2 is hereby dispensed with.

3. By means of the instant application, the applicant has prayed for quashing of the impugned order of non-bailable warrant dated 27.09.2022 and impugned order dated 07.12.2022, passed by the learned Chief Judicial Magistrate, Sitapur, in Criminal Case No. 3095 of 2001, arising out of case crime no. 172 of 2001, under Sections 4 98A, 304B of the IPC and Sections 3 /4 of the Dowry Prohibition Act, relating to Police Station Pisawan, District Sitapur.

4. Factual matrix of the case is that the applicant was minor (thirteen years of age) at the time of alleged incident, as her date of birth has been shown as 20.07.1988. The opposite party no. 2, Sri Ram Chandra lodged the first information report, against the present applicant along with the other co-accused persons. Thereafter, the investigation was conducted and the charge-sheet was filed. After the alleged incident, the applicant performed marriage with