PANKAJ KUMAR SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) I have heard Sri Tripathi B.G. Bhai, learned Counsel for the applicants, learned A.G.A. for O.P. No. 1 and Sri Raj Kumar Khanna, learned Counsel for O.P. No. 2 on this application and perused the affidavit of Sri Brajesh Kumar Sharma, applicant No. 2, counter-affidavit of Smt. Sharda Sharma and rejoinder affidavit of Sri Brajesh Kumar Sharma etc.

(2.) This application has been moved under Sec. 482, Cr. P.C. with prayer to quash order dated 28.7.2008 and proceedings of Criminal Case No. 4778/IX of 2008 (State of U.P. Vs. Pankaj Kumar Sharma and others) under Sec. 328, I.P.C., P.S. Govind Nagar, District Mathura, pending in the Court of Chief Judicial Magistrate, Mathura.

(3.) The brief fact of the case are that the O.P. No. 2 Smt. Sharda Sharma lodged an F.I.R. on 14.8.2007 against the applicants which was registered at crime No. 352 of 2007, under Sec. 328, I.P.C., at Govind Nagar, District Mathura. Prosecution story as alleged in the F.I.R. is that on 16.11.2006 at about 9 a.m. the husband of O.P. No. 2 namely Pankaj Kumar Sharma and other accused persons came to her father's house and tendered apology for having demanded dowry and committing domestic violence and requested the O.P. No. 2 to accompany them applicant No. 4 Ladli Devi, wife of Brakesh Kumar Sharma and mother-in-law of O.P. No. 2 opened the packet of sweet containing Kaju Barfi and compelled her to take the same as a result of which her condition deteriorated on account of taking said sweet and thereafter all the accused persons ran away from the spot. On 9.8.2007, the applicant No. 1, Pankaj Kumar Sharma came to O.P. No. 2 and disclosed that his parents had mixed poison in the said Kaju Barfi with intention to kill her and he was not knowing this fact earlier and thereafter applicant No. I started to apologise and then the O.P. No. 2 having come to know of all facts relating to the said occurrence and lodged F.I.R. against all the applicants.