DEEPAK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present petition under section 482 Code of Criminal Procedure (for short 'CPC.') the petitioners have prayed for quashing the charge-sheet no. 119 of 2005 dated 20.5.2005 arising out of case crime no. 191 of 2005 under sections 498A, 323, 506 I.P.C. and 3/4 Dowry prohibition Act, Police Station- Ashiyana District- Lucknow and also the subsequent proceedings of Criminal Case No. 663 of 2005 pending in the court of Additional Chief Judicial Magistrate, Lucknow including summoning order and Issuance of non bailable warrants against them.

(2.) The facts of this case, in brief, are that the marriage of petitioner No. 1 Deepak Kumar was solemnized with informant Smt. Sneh Lata, resident of 21/1072, Indira Nagar, Lucknow according to Hindu rites and rituals on 26.2.2002 at Lucknow. She went to matrimonial home, but after some time her harassment started by her in-laws due to demand of Rs. 2 lac for the business of her husband as contractor. She refused and told that her father is not in a position to fulfill the demand of Rs. 2 lac. She was beaten and expelled from matrimonial home on 5.9.2004 after taking of her ornaments and other belongings. She came to her parental house. On 6.3.2005, her father Shiv Bilas Bajapai went to leave his daughter Sneh Lata to her in-laws house, but in-laws refused to keep her and persistently demanded of Rs. 2 lacs from her father. The in-laws said to his father that unless the said demand is fulfilled, she would not be allowed to live in matrimonial home.

(3.) The matter was reported to the police, but the police did not take any action in the matter. Thereafter on 26.10.2005 Deepak Kumar (Husband) Uma Pandey (mother- in- law) came to the house of informant Sneh Lata at Indira Nagar, Lucknow and requested to the father of Sneh Lata to send her along with them. They assured that neither they will make any demand of dowry nor harass her in future. Manoj Mishra brother-in-law of informant and Pramod Yadav were also present at that time. The father of informant said to them that one chance may be given to think and decide about the future of his daughter. Ultimately the father of the informant decided to send her daughter Sneh Lata to her matrimonial home. On the next day, the aforesaid petitioners took her back to her matrimonial home. However, she was again assaulted and harassed by her husband Deepak Kumar, Uma Pandey ( mother-in-law) and two sisters of her husband namely Rashmi and Nidhi. On 8.11.2005 at about 4.00 pm it was told by them that she was taken back to matrimonial home under a conspiracy. They again demanded of Rs. 2 lac. When she refused, her husband Deepak Kumar, mother-in-law and sisters of her husband assaulted her with kicks, fists and sticks and locked in a room where she remained for about ten days. There was a planning of in-laws to kill her by burn, but she any how managed her escape and came back to her parental house and got her medically examined.