Court No. - 65
Case :- APPLICATION U/S 482 No. - 1509 of 2015 Applicant :- Km. Pallavi Saxena And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharm Raj Chaudhary Counsel for Opposite Party :- Govt. Advocate,Saral Singh,Satyendra Kumar Singh
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dharm Raj Chaudhary, learned counsel for the applicants and Sri Satyendra Kumar Singh, learned counsel for the opposite party no. 2 and Sri B.A. Khan, learned A.G.A. for the State.
The present application has been filed with a prayer to quash the charge sheet dated 3.10.2014 submitted in Criminal Case No. 20 of 2015, arising out of Case Crime No. 445 of 2014, under Sections 498A, 323, 504, 506 IPC & 3/4 D.P. Act, P.S. Prem Nagar, District Bareilly.
It has been argued by the learned counsel for the applicants that accused-applicants have been falsely implicated by the opposite party no. 2. No such occurrence has taken place. The police did not find any case proved under Section 307 IPC, hence charge sheet is submitted only under Section 498A, 323, 504, 506 IPC and 3/4 D.P. Ac. The accused-applicant no. 4 is husband of opposite party no. 2, who has already got himself bailed out but the accused-applicant nos. 2 and 3 are mother-in-law and father- in-law of the opposite party no. 2, while accused-applicant no. 1 is unmarried sister-in-law. This is nothing but a malicious prosecution against the accused-applicants which needs to be quashed.
Learned A.G.A. as well as learned counsel for the opposite party no. 2 have vehemently opposed the prayer of quashing and have stated that the demand of dowry was made of an amount of Rs. 5,00,000/- for purchase of a car and when the same could not be fulfilled, the opposite party no. 2 was beaten badly by the accused-applicants and she was thrown out from the house.
I have gone through the F.I.R.. It is mentioned in the F.I.R. that marriage of the opposite party no. 2 with accused-applicant no. 4 was done on 9.2.2012 after sufficient dowry but right from the beginning the accused-applicants were not happy with the same and were demanding an amount of Rs. 5,00,000/- to purchase a car. When the inability was shown by the opposite party no. 2 that her parents are not able to fulfill their demand then in prosecution of common object, accused-applicants started torturing the opposite party no. 2 and also had beaten her badly. When birth was to a girl child, again accused had become annoyed with the opposite party no. 2 and started torturing her in various ways by not giving food etc. On 7.8.2013, she was thrown out on the ground by the accused-applicants and she was beaten by kicks and fists by which she received serious injuries. On 7.8.2013, she was thrown out of the house and entire jewellery and her clothes etc. were usurped by the accused-applicants. It was also mentioned that opposite party no. 2 could be killed. After investigating the case, charge sheet has been submitted by the Investigating Officer against all the accused-applicants under the above mentioned sections. Statements of as many as nine witnesses have been recorded, truthfullness of which could not be scrutinized in proceedings u/s 482 Cr.P.C. as the same would require trial.
Whatever arguments have been raised before this Court by the learned counsel for the applicants, may be raised before the trial court and seek discharge at appropriate stage, if so advised.
Those accused, who have not been bailed out may move an application for seeking bail and if such an application is moved within thirty days, the same would be disposed of in terms of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
Accordingly, the present application is disposed of with the above direction.
Order Date :- 26.8.2019 A.P. Pandey