RAMESH CHAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application under S. 482, Cr.P.C. filed by Ramesh Chand and six others which included brothers of Ramesh Chand and his sister-in-law (Bhabhi). It has been prayed in this, Application that a complaint filed by opposite party No. 2 Baijnath praying that proceedings under S. 498A, I.P.C. pending in the court of the Metropolitan Magistrate, Kanpur Nagar, be quashed.

(2.) Sri A. N. Sinha in support of this application while Sri R. N. Bhalia, learned counsel for opposite party No. 2 and Sri A. K. Yadav, learned A.G.A. have been heard on behalf of the opposite parties. The entire record has been perused.

(3.) It is not disputed that the opposite party No. 2 Baijnath happens to be the father-in-law of Ramesh Chand, applicant No. 1, and some bad relations are following between the parties. It further appears that the mother-in-law of the applicant had in the meantime died. The notable factor, however, is that the marriage between the applicant Ramesh Chand and Smt. Radha, daughter of opposite party No. 2 was solemnised on 15-4-1982. Section 498A has been brought on the statute book in the year 1983. Consequently this section will have no application, if any allegation relating to alleged dowry is made later on, i.e., subsequent to the marriage.