Court No. - 14
Case :- APPLICATION U/S 482 No. - 18486 of 2005
Applicant :- Smt. Veer Mati And Others Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Ram Babu Sharma
Counsel for Opposite Party :- Govt. Advocate,Jitendra Kumar Sharma
Hon'ble Ifaqat Ali Khan,J.
List revised.
Heard Sri Ram Babu Sharma, learned counsel for the applicants, and learned A.G.A. for the State. None is present on behalf of opposite party no. 2.
This Criminal Misc. Application No. 18486 of 2005 Smt. Veer Mati and Others vs. State of U.P. and Others is moved under section 482 Cr.P.C. with the prayer to quash the complaint case no. 934 of 2003, under sections 406, 498A, 504 I.P.C., Police Station Naujhil, District Mathura, is pending before the court of Chief Judicial Magistrate, Mathura.
In nutshell the prosecution case is that Smt. Rinki Sharma filed the complaint case no. 934/2003 (Rinki Shamra vs. Murari Lal Sharma and others with these allegations that she was married to Rajkumar Sharma son of accused Murari Lal Sharma on 01.12.2002. At the time of marriage her father gave Rs. 3,00,000/- in cash along with golden ornaments 150gram in weight and silver ornaments 600gram in weight, cloths, sarees, motorcycle, bed, washing machine, almirah, sofa-set, dining table and freeze etc.
After the death of her husband accused persons torcherred her and demanded one Rs. 1,00,000/- from her and ultimately accused-appellants who are father-in-law and mother-in-law and sister-in-law of the hosted the complainant from her marital house after beating. After recording the statement of complainant under section 200 Cr.P.C. and the statement of PW- 1 Rakesh and PW-2 Gopal under section 202 Cr.P.C. trial court summoned only two accused-appellants namely Smt. Veer Mati Sharma and Murari Lal Sharma under section 406 I.P.C.
Learned counsel for the applicants submitted that it is absolutely unnatural death that after the death of husband the demand of dowry is being made from the daughter-in-law. Accused-appellants Smt. Veer Mati Sharma and Murari Lal at present are aged about 80 years and respondent no. 2 has also solemnized her second marriage and she is having two children from the second marriage. Applicants are falsely implicated in this case.
Per contra learned A.G.A. submitted that trial court has opposed the summoning order dated 18.02.2005 and did not summoned two other accused namely Smt. Poonam and Kumari Dauli.
Trial Court has passed the impugned order after recording the submission of complainant under section 200 Cr.P.C. and recording the statement of two witnesses namely Rakesh and Gopal under section 202 Cr.P.C. At this stage no finding can be given. Therefore, the prayer to quash the proceeding of complaint case no. 934 of 2003 (Rinki Sharma vs. Murari Lal Sharma and others) under sections 406, 498A, 323, 352, 504 and 506 is set aside. Stay order, if any, stands vacated.
However considering the facts and circumstances of the case and the old age of the applicants trial court is directed if the applicants appear and surrender before the court below within 30 days from today and applies for bail, their prayer for bail shall be considered and decided expeditiously preferably on the same day if possible, 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 :- 26.4.2019 Swati