VAIBHAV YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

(2.) The present application under sec. 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dtd. 18/07/2020 alongwith cognizance order dtd. 21/01/2021 in Case No. 46 of 2021, State Vs. Vaibhav Yadav and others, arising out of Case Crime No. 244 of 2020, under sec. 3/4 D.P. Act, P.S. Kurawali, District Mainpuri pending in the court of A.C.J.M. Ist, Mainpuri.

(3.) Learned counsel for the applicants submitted that the allegations of demand of dowry by the O.P. No. 2 is absolutely false and concocted and has been made only to harass the applicants for ulterior motive. The story set forth and allegations made are on its face false and improbable and beyond the reach and understanding of a prudent person. No demand of dowry was made and nothing was accepted as dowry by the applicants. There is no documentary evidence to establish the prosecution case. The alleged marriage card was prepared and printed with a view to strengthen allegations of the applicants. No case under sec. 3/4 D.P. Act is made out from the perusal of the FIR and statements of witnesses recorded under sec. 161 Cr.P.C. and other proposed evidence on record. Continuation of proceedings will be an abuse of process of the Court. Learned counsel also contended that the summoning order dtd. 21/01/2021 passed by learned A.C.J.M. is without application of judicial mind and on a printed proforma and hence, not sustainable.