ARJUN SINGH BHADORIYA Vs. STATE OF U P

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by the applicants Arjun Singh Bhadoriya and three Others with the prayer to quash the charge-sheet dated 10.3.2006 filed in Case Crime No. C-15 of 2006, under Sections 498A, I.P.C. and 3/ 4 D.P. Act, P.S. Kotwali Mainpuri and the summoning order dated 26.7.2006 passed by the Chief Judicial Magistrate, Mainpuri and the entire proceeding in case No. 1218 of 2006 State v. Dinesh Bhadoriya and Others, under Sections 498A I.P.C. and 3/4 D.P. Act, Police Station-Kotwali, District-Mainpuri pending in the Court of C.J.M., Mainpuri. The facts of the case are that opposite party No. 2, Ram Prakash Singh Chauhan filed an application under Section 156(3) Cr.P.C. before C.J.M., Mainpuri against Dinesh Singh Bhadoriya and four others with the allegations that her daughter Alka was married with Dinesh Bhadoriya, resident of 82, Krishna Nagar Officers Enclave, Jhotwara, Jaipur (Rajasthan) on 9.2.2004. In the marriage sufficient gifts and dowry were given but the accused persons were not satisfied with the said dowry and started to demand a Maruti Car and when the complainant went to Jaipur to take her, they clearly told him that unless Maruti Car is provided, his daughter will not be sent with him. It is further alleged that due to non fulfillment of their said demand, the accused persons used to commit mar-peet with his daughter about which she complained to him on telephone. Thereafter, the complainant alongwith others went to Jaipur and tried to subside the matter and assured the accused persons that he will fulfill their demand after arranging the money. He also took a loan of Rs. two lakhs and paid the same to Dinesh Singh (husband) for his business purposes but thereafter, seeing that his demands are not being fulfilled and inspite of assurance given by complainant, Dinesh Singh and his family members started to harass the victim again. In the meantime, a daughter was born to Alka and on 27.11.2005, the accused sent her only in the clothes she was wearing to Mainpuri and since then she has been residing with the complainant at Mainpuri. Thereafter, Dinesh Singh also told him on telephone that unless a Maruti Car is provided, he is not ready to keep his daughter.

(2.) The said application of the complainant was directed to be registered as FIR and hence an FIR was registered as case Crime No. C-15 of 2006 at P.S.- Kotwali, Mainpuri on 9.2.2006, under Sections 498A IPC and 3/4 D.P. Act. The said FIR was investigated by the police of Kotwali Mainpuri and after investigation, the Investigating Officer submitted charge-sheet against the applicants and Dinesh Singh Bhadoriya, husband of the victim. On the said charge-sheet the learned C.J.M. took cognizance and summoned the accused persons.

(3.) In the petition filed on behalf of the applicants, it has been averred that applicant No. 1 is the father-in-law, applicant No. 2 is mother-in-law, applicant No. 3 is Devar of Smt. Alka and applicant No. 4 is an extremely old man aged about 70 years, retired from service, who is living in a separate house about 10 k.ms. away. The marriage of Smt. Alka Bhadoriya and Dinesh Singh was solemnized on 9.2.2004 without any dowry. After marriage Dinesh Singh Bhadoriya was keeping his wife Smt. Alka with full love and affection but immediately after marriage Smt. Alka Bhadoriya started pressurizing her husband to live separately and she did not participate in daily domestic work with her mother-in-law. In such circumstance, the applicant Nos. 1 and 2 decided for a family partition between them and their sons and accordingly family partition was made, in which it was agreed that Dinesh Singh Bhadoriya, husband of Smt. Alka will be owner and in possession of a shop known as Bhadoriya Paint House situated in Khatipura Circle-Ke-Pas, Chhota Bara Road, Jaipur. Accordingly Smt. Saroj Bhadoriya (applicant No. 2), executed a registered gift-deed on 9.9.2004 in favour of his son Dinesh Singh Bhadoriya in respect of the shop, which was registered by Sub-Registrar. Thereafter, the applicant Nos. 1 and 2 also returned to Smt. Alka her entire Stridhan and domestic articles for which Smt. Alka also executed a deed receiving the Stridhan and the articles given at the time of marriage by her father and this deed was also duly signed as witness by her father Sri Ram Prakash Singh Chauhan (complainant). It is also stated that since 9.9.2004, Dinesh Singh Bhadoriya and his wife Smt. Alka Bhadoriya have been residing separately in a house situated in Mohalla Habib Marg Moti Nagar, Jaipur. The applicant No. 1 on 10.9.2004 had got a public notice published in daily newspaper "Rajasthan Patrika" informing that all the relations with his son Dinesh Singh Bhadoriya and his wife came to an end and they have been evicted from House No. 82, Krishna Colony Officers Enclave Jhotwara Jaipur, (Rajasthan). Subsequently, Smt. Alka Bhadoriya got executed a sale-deed in respect of the said shop in her favour by her husband on. 15.9.2004. Thereafter, on 11.1.2005, Smt. Alka in order to extract money from the applicant No. 1 and 2, filed an application under Section 156(3) Cr.P.C. in the Court of Additional Civil Judge (Jr.Div.)/Judicial Magistrate Court No. 13, Jaipur praying to direct the concerned S.O. of Police Station to lodge an FIR against the applicants for demanding dowry and harassment. On 11.1.2005, learned Magistrate directed the S.O. concerned to submit report and investigate the matter and thereafter on 15.1.2005 an FIR was lodged against the applicants at P.S. Mahila Thana North, Jaipur, which was registered as Crime No. 6 of 2005, under Sections 498A and 406 IPC. The concerned Investigating Officer recorded the statements of Smt. Alka and other witnesses under Section 161 of Cr.P.C. and after investigation, he submitted a final report in the said case on which the A.C.J.M. Court No. 13, Jaipur issued notice to Smt. Alka but till date she has not appeared in the Court. Thereafter, on 19.1.2006, father of Smt. Alka Bhadoriya filed an application under Section 156(3) Cr.P.C. against the applicants and Dinesh Singh Bhadoriya in the Court of C.J.M., Mainpuri on false and vague allegations in respect of the same occurrence alleged to be committed in Jaipur (Rajasthan), on which an FIR was directed to be registered and thereafter investigation was made and charge-sheet was submitted by the police before C.J.M., Mainpuri (which is subject-matter of the present petition).