MEERA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition has been filed under Section 482, Cr. P. C. praying for quashing of the First Information Report (Annexure 1).

(2.) Shortly stated, the petitioner's case is that Promod Kumar, son of the petitioners 3 and 4 was married to the informant Basant Lal's daughter Anita in the month of July, 2000. No dowry was demanded either at the time of marriage or thereafter. Promod Kumar and Anita could not carry harmonious relationship between the two. Their nuptial knot started slacking due to the unceremonious interference of Anita's Jija (sister's husband), namely Pyare Lal, who started visiting Anita and he carried on with his visits despite restrictions imposed by Promod Kumar. At times, Pyare Lal misbehaved with the petitioners. Promod Kumar's complaint lodged with the police regarding misbehaviour of Pyare Lal did not move the police to take any action. Pyare Lal became so devil that he came to the petitioner's house on June 28, 2002 and carried away forcibly Anita extending threats to the petitioners and their other family members of dire consequences. The petitioner No. 3 was also abused and beaten by Pyare Lal. Her injuries were examined in the Government Hospital. In order to neutralize the petitioner's complaint, Anita's father Basant Lal lodged a false report (under challenge) reciting therein that the petitioners demanded from his daughter dowry comprising Hero Honda motorcycle and a refrigerator and when the informant's son and son-in-law (Pyare Lal) requested for Anita being sent with them, the petitioners allegedly indulged in violence by beating Anita and also misbehaved with Pyare Lal and the informant's son. This occurrence was said to have taken place at 10.30 a.m. on 28-6-2002. As the entire story of alleged demand of dowry and causing injuries to Anita and others is concocted, the petitioners have filed this petition under Section 482, Cr. P. C.

(3.) The crucial question is as to whether a petition under Section 482, Cr. P. C. for quashing of a First Information Report is maintainable?