Court No. - 17
Case :- APPLICATION U/S 482 No. - 5162 of 2018 Applicant :- Nipun And 2 Anothers Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application u/s 482 Cr.P.C. has been moved with the prayer to quash the charge sheet dated 13.10.2017 registered as Criminal Case No. 73 of 2017 arising out of Case Crime No. 86 of 2017, under Sections 498A, 323, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Bagpat.
Learned counsel for the applicants contends that the opposite party no. 2 has falsely implicated the applicants in the present case making false allegations of demand of dowry. No such occurrence took place of any kind of beating or abusing. The entire family has been implicated including the sister-in-law of the opposite party no. 2. He has also admitted that divorce petition has also been filed by the applicant no. 1 against the opposite party no. 2, which is pending.
As per FIR, the prosecution's case is that between 8.6.2015 to 25.7.2017, the opposite party no. 2 was being harassed/tortured for demand of dowry. Earlier Rs. 2,00,000/- was satisfied and thereafter a fresh demand of Rs. 3,00,000/- and a car was started to be made and due to non-fulfilment of the same, the present occurrence took place. The allegation of demand of dowry has been supported in her statement u/s 164 Cr.P.C. also. At this stage, there is no reason to dis-believe the veracity of the statements given by prosecution witnesses as that would require trial to be conducted in this case.
Hence, relief for quashing the charge sheet against accused- applicant no. 1 is refused.
However, looking to the fact that application nos. 2 and 3, are mother-in-law and sister-in-law of the opposite party no. 2, it is directed that in case, they appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided in view of the settled law laid by this Court in the case 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 23.2.2018 A.P. Pandey