Court No. - 17
Case :- APPLICATION U/S 482 No. - 5755 of 2018 Applicant :- Neha Gaur @ Neha Nishad Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Rajesh Kumar Sachan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
The present 482 Cr.P.C. petition has been filed for quashing the proceedings including charge-sheet No. 01 of 2017 dated 21.05.2017 of Case No. 29986 of 2017 (State Vs. Umesh and Others) arising out of Case Crime No. 207 of 2017, under Sections 498A I.P.C. and 3/4 D.P. Act Police Station Kalyanpur, District Kanpur Nagar, pending before learned C.M.M., District Kanpur Nagar.
It is contended by by the learned counsel for the applicant that accused applicant is 'Jethani' of the O.P. No.2 who has been falsely implicated in the present case for demand of dowry; she was never involved in such kind of offence; the police had made erroneous investigation.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
According to the F.I.R., the prosecution version is that demand of additional Rs.2,00,000/- was made by the accused applicant along with co-accused and due to non-fulfillment of which, she was being tortured, harassed in all sorts of manners. The police has submitted the charge-sheet after investigation in this case. Statement of 161 Cr.P.C. recorded of the victim is also on record in which some medicine is alleged to have been administered by the present accused to the O.P. No.2 in presence of her husband and mother-in-law. At this stage, no veracity of the statements can be assessed as that requires trial of the case. There is no sufficient ground for quashing the charge-sheet at this stage.
The prayer for quashing the charge-sheet is refused.
The accused applicant may pray before court below for discharge under appropriate provisions.
With the above direction, this application is disposed of.
Order Date :- 26.2.2018/A. Mandhani