ANIL KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) This application has been moved by the applicant Anil Kumar Singh, V.N. Singh and Smt. Vindhyavashani Devi with a prayer to quash the proceedings of Criminal Case No. 124 of 2011 arising out of charge-sheet submitted in Case Crime No. 61 of 2010 under Sections 498A, 323, 504 and 406, I.P.C. and Section 3/4 of Dowry Prohibition Act P. S. Mahila Thana district Gorakhpur.

(2.) The fact in brief of this case are that the F.I.R. has been lodged by O.P. No. 2 Smt. Rasmi Singh against the applicants in Case Crime No. 61 of 2010 under Sections 498A, 323, 504 and 406, I.P.C. and Section 3/4 of D. P. Act P.S. Mahila Thana district Gorakhpur on 17.9.2010 at 6.10 p.m., applicant No. 1 Anil Kumar Singh is the husband of O.P. No. 2, applicant Nos. 2 and 3 are the father-in-law and mother-in-law of O.P. No. 2 respectively. It is alleged that according to Hindu rites marriage of O.P. No. 2 was solemnized with applicant No. 1 Anil Kumar Singh on 20.6.2007 from Gorakhpur. The inlaws of O.P. No. 2 is the resident of village Kolha Chauraha P.S. Gulriha district Gorakhpur but at the time of the marriage, they were living in New Delhi, after marriage O.P. No. 2 went to Kolha Chauraha, after one week she alongwith her in-laws went to Delhi where she was residing alongwith her in-laws, she got service in a private hospital at Delhi. In dowry Rs. 3 lacs and other articles including T.V., Fridge and golden ornaments etc. were taken by her in-laws from her father. On 27.11.2007, the husband of O.P. No. 2, who was a Mechanical Engineer went to Norway, where he got the job, then O.P. No. 2 also joined the course of D.N.B. then at the instigation of her husband, her mother-in-law and father-in-law subjected her to cruelty to fulfil the demand of dowry, they demanded Rs. 5 lacs and a luxury car, they also extended threat that in case the demand of dowry is not fulfilled, she would be expelled from the house and second marriage to their son would be performed in which they would get double dowry, the father-in-law and mother-in-law of O.P. No. 2 were hurling abuses whenever she was going to take the class, sometimes she was bolted inside the room by her inlaws. They were asking her to bring more money from Gorakhpur. On one day, she was beaten by them and expelled from the house, then she lived in the hospital and some other places on rent, she called her father from Gorakhpur to Delhi. Anyhow, her in-laws could be pacified by her father on repeated request and then she was permitted to live in the house of her husband. After 15 days of the said incident, a telephonic message of her husband was received by her inlaws, then they again demanded dowry for which she was subjected to cruelty, whenever her husband come from Norway, she was apprised about the cruelty and demand of dowry, he also used to beat her and she was bolted inside the room by saying that if the dowry is not brought by her, she would be dealt with like this, she was extended threat that she would be expelled from the house and second marriage would be performed in which huge dowry would be received. The father of O.P. No. 2 was not in a position to fulfil the demand of dowry, he had given an amount of Rs. 3 lacs to her in-laws in marriage after selling away his land, but to maintain matrimonial relationship an amount of Rs. 80,000 was given to her husband on 18.7.2008 and an amount of Rs. 25,000 through cheque was given on 29.10.2008 even then her in-laws were not satisfied, they were committing cruelty upon her to fulfil the demand of dowry, they have taken her Stridhan and other articles, which were given by her father in marriage, her husband came from Norway on 15.9.2010 after two or three days of his arrival, she was brought to Gorakhpur and was dropped at the railway station of Gorakhpur after doing mar-peet, its F.I.R. was lodged by O.P. No. 2 on 17.9.2010 at P. S. Mahila Thana Gorakhpur.

(3.) Heard Sri Satya Prakash Srivastava and Sri Kamal Kishore Misra, learned counsel for the applicant, learned A.G.A. for the State of U.P.