Heard learned counsel for the applicants, learned AGA for the State and perused the records.
The instant application has been filed by the applicants with a prayer to quash the entire proceeding of criminal case no. 523 of 2012 arising out of Case Crime No. 95 of 2011, under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, police station Jaswant Nagar, district Etawah pending in the Court of ACJM-II, Etawah.
It is submitted by the counsel for the applicants that the applicants no. 1 and 2 are Nandoi (brother-in-law) and Nanad (sister-in-law) respectively of opposite party no. 2 and they have been falsely implicated in the present case with a vague allegations of beating and torturing her for fulfulment of dowry demanded by the accused persons. It is further submitted that the applicant nos. 1 and 2 have no concern with the family of opposite party no. 2 because they live in Madhya Pradesh and there is no occasion to visit the house of opposite party no. 2 at Etawah, UP which is her 'Maika' where opposite party no. 2 is living to harass and torture her for dowry. Further submission is that opposite party no. 2 wants to live with her husband who is in CRPF and is posted in Jammu and Kashmir. On the refusal by her husband, she went to live at her parental house at Etawah and is living there. The Investigation Officer has submitted the charge sheet in a very pedantic and casual manner and the court below has summoned them to face the trial in the charge offences in a routine manner which is nothing but a sheet abuse of the process of law.
The learned AGA opposed the prayer made by the learned counsel for the applicants and had submitted the charge sheet was submitted after investigation. Therefore, there is no illegality or perversity in the order passed by the court below.
Considering the facts and circumstances of the case, let notice be issued to opposite party no 2, who shall file counter affidavit within four weeks. Learned AGA shall also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this case immediately after expiry of the aforesaid period, before appropriate bench.
Till the next date of listing, further proceedings only against the applicants in criminal case no. 523 of 2012 arising out of Case Crime No. 95 of 2011, under sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, police station Jaswant Nagar, district Etawah pending in the Court of ACJM-II, Etawah shall remain stayed.
Order Date :- 13.10.2014 SKS