ANAND KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Short counter-affidavit filed from the side of respondent No. 2 is taken on record.

(2.) We have heard Mr. J.S. Sengar, learned Counsel for the petitioners, learned A.G.A, and Mr. Viresh Mishra, learned Senior Advocate on behalf of respondent No. 2. The petitioners have prayed for quashing of the F.I.R. dated 23.3.2003 (Annexure 6 to the writ petition), lodged against them by respondent No. 2 Under Sections 498A/323/506,1.P.C., P.S. Cantt, District Varanasi and/or to stay their arrest in the said case.

(3.) Petitioner No. 1 is the husband of the complainant-respondent No. 2 and their marriage took place on 9.3.2002. The allegations in the F.I.R. are that respondent No. 2 had been married with petitioner No. 1 in consequence of a matrimonial advertisement given by petitioner No. 4 (who is the husband of the sister of petitioner No. 1 and who played a potent and leading role) in a newspaper "Dainik Jagran" dated 9.12.2001 and her father had spent a sum of Rs. 14 lacs in the marriage, out of which Rs. 8 lacs by means of two Bank drafts were deposited in the joint name of petitioner No. 1 and respondent No. 2. On Vidai in marriage she was first taken to the house of petitioner No. 4 at Ghazipur whereafter she came to reside with petitioner No. 1 at Ghaziabad. Petitioner No. 1 withdrew substantial amount from the Bank and he and his family members were not satisfied of the dowry. Respondent No. 2 was being allegedly treated with cruelty over the demand of dowry. On 26.6.2002 she reached her parents' house at Varanasi. On 26.1.2003 petitioner No. 1 reached at her parental house and further demanded Rs. 20 lacs. She was assaulted also. She was medically examined. Her report was not taken down at the police station. Ultimately, on the order of the higher police authorities, a case was registered on 23.3.2003.