SUMAN MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal is arising out of order dtd. 31/8/2022 passed by the High Court of Judicature at Allahabad in an application under Sec. 482 of the Code of Criminal Procedure, 1973 ("CrPC") being Application under Sec. 482 No. 23358 of 2022, whereby the High Court has dismissed the quashing application preferred by the present Appellants for quashing of the Chargesheet dtd. 2/2/2022 and the cognizance order dtd. 28/3/2022 passed by the Court of ACJM, Bareilly in FIR No. 733 of 2021 registered under Ss. 498A, 504, 506 of the Indian Penal Code, 1860 ("IPC") read with Sec. 3/4 of the Dowry Prohibition Act, 1961.

(3.) The facts of the case reveal that marriage between Appellant No. 3 and Respondent No. 2 Priyanka Mishra was solemnized on 5/3/2016 as per Hindu rites and customs at Bareilly, Uttar Pradesh. The parties started living separately and Appellant No. 3 - Rishal Kumar preferred a Matrimonial Case No. 627(597) of 2021 for grant of decree of divorce on 17/6/2021 under Sec. 13 of the Hindu Marriage Act, 1955, before the Principal Judge Family Court No. 3 Bareilly, Uttar Pradesh. After the divorce suit was filed, Respondent No. 2 - Priyanka Mishra lodged a First Information Report ("FIR") under Sec. 154 of the CrPC at Police Station Baradari, District Bareilly, Uttar Pradesh, for the offence punishable under Ss. 498A, 354, 328, 376, 352, 504, 506 IPC and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961, against her husband, brother-in-law, mother-in-law and father-in-law. The investigation was conducted by Sub Inspector Reeta Tewatia and thereafter as per the directions issued by the Senior Superintendent of Police, the investigation of the case was transferred from Police Station Baradari to Police Station Kotwali, Bareilly, Uttar Pradesh, and further investigation of the case was carried out by the Sub-Inspector posted at Police Station Kotwali. After a detailed investigation in the matter, a final report was filed under Sec. 173 of the CrPC and the charge-sheet was filed for offences punishable under Ss. 498A, 506, 504 of the IPC read with Ss. 3/4 of the Dowry Prohibition Act, 1961. No charge-sheet was filed in respect of offence punishable under Sec. 376 IPC against the brother-in-law and it is an undisputed fact that Respondent No. 2 did not file any protest petition in the matter against dropping off of the charges under Sec. 376 IPC.