AJAY SURENDRAKUMAR MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Section 482 of the Criminal Procedure Code, the applicant has sought for the reliefs to quash and set aside the First Information Report (FIR) being C.R.No.I 214/2016 registered with Sola Police Station, Ahmedabad City dated 27.10.2016 and the charge-sheet bearing charge-sheet No.88/2017 dated 26.06.2017 which culminated into Criminal Case No.514 of 2017 pending before the learned 8th Additional Civil Judge and Judicial Magistrate, First Class, Ahmedabad for the offences punishable under Sections 307, 498A, 406, 354A (i) (ii), 323, 504, 506(2) read with Section 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, 1961.

(2.) It is contended by the applicant that applicant is the brother-in-law (diyar) of the original complainant No.2 and is residing in Uttar Pradesh. It is also contended that the marriage between the complainant and accused No.1 was solemnized on 24.06.2012 at Pratapgarh, Uttar Pradesh and since marriage, the complainant was residing with accused No.1 at Ahmedabad.

(3.) The original complainant has filed affidavit-in-reply as well as additional affidavit-in-reply wherein she has opposed the present application and has prayed to dismiss the application. She has stated that she got engaged with accused No.1 Abhay Mishra in the year 2012 and at the time of engagement, the accused persons demanded dowry from complainant's father to the tune of Rs.5,00,000/- and even, thereafter, they have obtained dowry amount of Rs.12,50,000/-. She has stated that she was living with her husband, father-in-law and mother-in-law at Ahmedabad and when she became pregnant, they used to pressurize her to get pre-natal diagnosis and further told her that if she is diagnosed with a girl, she will have to abort the child and that the accused persons herein would accept the child if a boy is born. She has narrated that she gave birth a boy in Satyam Hospital at Himmatnagar on 30.09.2013 and her father informed about the same to the accused husband, father-in-law and mother-in-law. It is also stated that the accused have visited the hospital and they being superstitious, administered some substance in the child's mouth as a result of which the child vomited blood and got seriously ill. She has stated that thereafter, the child was brought to the Rajasthan Hospital and medical bill was paid by her father. She has stated that in April 2014, she was brought to the Uttar Pradesh and, thereafter, her husband came back to Ahmedabad on account of employment. It is contended that thereafter, accused No.1 ill treated her and, thereafter, he called her father and her father took her back at Himmatnagar. It is stated that thereafter, the compromise was arrived at and she went to her matrimonial home at Ahmedabad and at that time she was pressurized to give Rs.10,00,000/-. She has narrated the facts that her mother-in-law has given one glass of 'sharbat' to her and forced her to drink and due to which, she got seriously ill and on medical examination, it was found that some particles were found in her stomach.