ASHISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned A.G.A. for the State by means of Video-Conferencing and perused the record. This Application under Sec. 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceeding including charge-sheet dtd. 4/9/2020 as well as cognizance and summoning order dtd. 11/10/2021 of Case No. 15977 of 2021 arising out of Case Crime No. 309 of 2020 (State Vs. Ashish & Others) under Ss. 494, 498A, 323, 506 I.P.C. and Sec. 3/4 of D.P. Act against the applicant no. 1 and under Ss. 498A, 323, 506 I.P.C. and Sec. 3/4 of D.P. Act against Applicant Nos. 2 and 3, P.S., Sipri, District, Jhansi pending in the Court of Chief Judicial Magistrate, Jhansi.

(2.) Submission of learned counsel for the applicants is that from the matter available on record, offences under Ss. 494, 498A, 323, 506 I.P.C. and Sec. of D.P. Act are not made out against the applicants. Further submitted that applicant no. 1 Ashish is the husband of the victim, Seema whereas applicant nos. 2 and 3 are father-in-law and mother-in-law. Next submitted that there is six days' delay in lodgement of the F.I.R. Case has been lodged with ulterior motive and mala-fide intention to harass the applicants. There are only general allegations against the applicants, hence this Petition. Per-contra, learned A.G.A. opposed the aforesaid prayer and submitted that there are specific allegations of demand of dowry and beating the victim by the applicants. Factual controversy cannot be settled in this proceeding under Sec. 482 Cr.P.C.

(3.) Learned counsel for the applicants relied upon the judgement of Hon'ble Apex Court reported in 1992 AIR (1) page 694 (State of Haryana Vs. Chaudhary Bhajan Lal), para 26 of Geeta Mehlotra Vs. State of U.P. passed in Criminal Appeal No. 1674 of 2012 arising out of SLP (Crl.) No. 10547 of 2010 & para 6 of Hon'ble Jammu & Kashmir and Ladakh High Court at Srinagar in CRM (M) No. 83 of 2020 vide judgement dtd. 25/8/2021.