GAURI SHANKER GUPTA Vs. STATE OF UP

JUDGEMENT

(1.) I have heard Sri Dharmendra Singhal, learned counsel for the applicants, Sri Ashish Agrawal and Sri V.K. Rai, learned counsel for opposite party No.2 as well as learned A.G.A. for opposite party No.1 at length and perused the record.

(2.) This application has been moved under section 482 Cr.P.C. with prayer to quash the impugned charge sheet submitted in criminal case No.3329/9 of 2008 arising out of case crime No.93 of 2008, under sections 498-A, 323, 313 I.P.C. and section 3/4 Dowry Prohibition Act, PS. Mahila Thana Moradabad, District Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.9, Moradabad.

(3.) The learned counsel for the applicants has contended that an F.I.R. was lodged by opposite party No.2 on 12.6.2008 alleging therein that she was married with applicant No.3 Vipul Gupta on 2.12.2007 and thereafter she went to Bangalore with her husband where she came to know about the mean mentality of her husband and he started to make demand of dowry and deal her with cruelty in pursuance of demand of dowry. The opposite party No.2 had also moved an application to S.H.O. of Police Micro Layout Police Station Bangalore City. The learned counsel for the applicants has contended that a bare perusal of Annexure No.2 to the affidavit completely belies the allegations contained in the F.I.R. and existence of injuries as mentioned in fake medical report was manufactured at Moradabad on 31.5.2008. She also made allegations about forcible abortion but the medical report did not corroborate these allegations. The opposite party No.2 was examined thrice by the investigating officer on 14.6.2008,18.6.2008 and 19.10.2008 respectively and he submitted charge sheet in a mechanical manner and cognizance thereon was also taken in arbitrary manner.