AMIT GARG Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed by the applicants Amit Garg, Mahesh Chandra Garg and Smt. Mahdu Garg with a prayer to quash the charge-sheet dated 8.12.2010 in case crime No. 150 of 2010 under Sections 498-A, 323, 506 and Sections 3/4 of D.P. Act P.A. Mahila Thana, District Rampur.

(2.) The facts in brief are that the F.I.R. of this case has been lodged by O.P. No. 3, Smt. Shilpi on 20.10.2010 at 7.30 p.m. in respect of the alleged incident dated 10.10.2010 occurred at about 8.00 p.m. at P.S. Mahila Thana, District Rampur in case crime No. 150 of 2010 under Sections 498-A, 323 and 506, I.P.C. and Sections 3/4 of D.P. Act

(3.) It is alleged that the marriage of O.P. No. 3 was solemnized with the applicant Amit Garg on 1.5.2005, in the said marriage, an amount of about Rs. 20 lacs was spent by the parents of O.P. No. 3, but the applicants demanded some more dowry for which unbearable remarks were passed by them and they pressurised O.P. No. 3 to bring more money and valuable articles from her father's house. Her in-laws had taken her Stridhan, cloths, ornaments and under pressure the amount of Rs. 23,630 was withdrawn from her saving account. Under compelling circumstances the aforesaid amount was given to the husband of O.P. No. 3 by her father through bank draft. At the time of the marriage F.D.R. of Rs. 1 lac was prepared in the name of O.P. No. 3, she was compelled to break the F.D.R. also before its maturity. The said money was also taken by her in-laws. On 24.11.2006 O.P. No. 3 gave birth of a female child, which paved the way of difficulties, in the birth ceremony the in-laws of O.P. No. 3 demanded 2 lacs from the parents of O.P. No. 3, the father of O.P. No. 3 has spent about Rs. 1,20,000 in that ceremony. O.P. No. 3 was being regularly tortured by her in -laws, even her mobile phone was taken away by them, she became ill, the patents of O.P. No. 3 had made attempts to settle the dispute with the help of the relatives but the in-laws of O.P. No. 3 could not be persuaded. Ultimately, on 12.10.2007 O.P. No. 3 went to her parents' house, then the in-laws of O.P. No. 3 gave assurance for not committing cruelty, she went to their house, again she was subjected to cruelty, in the month of August, 2008, on the day of Raksha Bandhan the husband of O.P. No. 3 demanded dowry, she was beaten by kicks and fists and in a miserable condition she was forced to sit in the train, then she came to her parents' house, on 10.10.2010, the applicants along with their relatives came to the parents house of O.P. No. 3 for the purpose of compromise, at about 8.00 p.m. then demanded I- ten vehicle and Rs. 5 lacs in lieu of bringing O.P. No. 3 to their house, but the father of O.P. No. 3 refused to fulfill the aforesaid demands, then they committed mar-peet with O.P. No. 3 and her father, after extending threat to life, they left her parents' house. After lodging the F.I.R. the I.O. investigated the matter and recorded the statement of Smt. Shilpi Agarwal, Ashok Kumar and Alok Kumar who supported the prosecution version, thereafter, the charge-sheet dated 18.12.2010 has been submitted in the Court of leaned C.J.M., Rampur on which the learned C.J.M., Rampur has taken cognizance on 29.1.2010, being aggrieved from the charge-sheet and the order of cognizance taken by the learned C.J.M., Rampur the present application has been filed with a prayer to quash the same.