SHANI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jai Prakash Prasad, learned counsel for applicants, Sri Sukhendra Singh, learner counsel for opposite party no.2 as well as Sri S.N. Mishra, learned A.G.A. appearing on behalf of State of U.P. and and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been moved seeking quashing of entire criminal proceedings of Case No.1044 of 2018 (State vs. Shani and Others), arising out of Case Crime No. 02 of 2018, under Ss. 498-A, 323, 504, 506 I.P.C and Sec. 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Aligarh as well as charge-sheet no. 22 of 2018 dtd. 18/6/2018 and cognizance order dtd. 4/8/2018, pending in the court of learned Additional Chief Judicial Magistrate, Court No.8, Aligarh.

(3.) Brief facts necessary for disposal of this application are that opposite party no.2, Preeti daughter of Ranveer Singh lodged the first information report against the applicants on 9/1/2018 at 13:13 hrs. on the basis of written complaint alleging therein that her marriage with applicant, Shani took place on 5/2/2017 according to Hindu rites and rituals. In the marriage, her father had spent about a sum of Rs.11.00 lakhs. Her husband was working in a private company and was getting about Rs.20,000.00 as salary. After sometime of marriage, her husband started demanding Rs.2.00 lakhs for construction of his house which was refused by her on account of which her husband started assaulting and maltreating her on persuasion of her in-laws. On 25/4/2017, her husband came home in drunken condition and started abusing her vulgarly and forcibly took off her shalwar and lacerated her vagina mercilessly, then she cried in pain and hearing the cry the applicant nos. 2 to 5 started laughing saying that she deserves it. Due to excess bleeding she became unconscious and on 26/4/2017 she was admitted in Safdarjung Hospital, New Delhi due to her bad condition. Her husband had also threatened her. On 15/10/2017 her husband left her at Aligarh. When she came at her parental house, she told the entire incident to her parents and close relatives who tried to convince her husband and other in-laws but resulted in vain. The applicant no.1 had admitted the victim/complainant in Safdarjung Hospital, Delhi for treatment on 26/4/2017 after causing injury in her private part by both hands (the photocopy of the treatment prescription dtd. 26/4/2017 has been annexed as Annexure No.2 to the affidavit). The relevant portion of the treatment prescription is quoted as follows:-