Court No. - 53
Case :- APPLICATION U/S 482 No. - 19987 of 2018 Applicant :- Arti Upadhyay Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bishram Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Bishram Tiwari, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA for the State.
This application has been filed seeking to quash proceedings of Case No. 4942 (A) of 2017, State vs. Navneet Saurabh Upadhyay and others, arising out of Case Crime No. 678 of 2017, under Sections 304B, 504, 498A IPC and 3/4 of D.P. ACt, P.S. Chitbaragaon, District Ballia.
The submission of the learned counsel for the applicant is that applicant is not a member of the family of the deceased nor does she live with the family of the deceased's husband. It is asserted that the applicant resides at house no. 197, Adhivakta Nagar, Police Station Kotwali, District Ballia since the past 10 years with her husband and children in order to provide good eduction to them which is not possible in the parties native village Basudeva, Chitbaragaon, Ballia where the deceased lived with her husband. It is pointed out that the applicant is a distant relative even otherwise being mother-in-law by courtesy; she is the wife of the brother of the deceased's father-in-law, popularly called in vernacular Chachiya Sas. The submission is that she has neither any interest in demanding dowry or abetting even remotely the offence of the dowry death. It is urged that she would be in no case a beneficiary of the alleged dowry demand. It is further argued that there are no materials in the case diary to connect the deceased to the crime.
The learned AGA has opposed the motion to admit this application. It is submitted that the police after investigation have found the complicity of the accused and there is evidence from record based on facts and statements of witnesses which cannot be tested in the present proceeding under Section 482 Cr.P.C. Even otherwise it is an offence under Section 304B IPC which is a heinous offence and once there is a police report based on some evidence there is no good ground to interfere with the proceedings and scuttle trial.
Accordingly, the application is dismissed.
Order Date :- 31.5.2018 Imroz