RUPA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application u/s 482 Cr.P.C. has been filed with a prayer to quash the charge sheet as well as the entire proceedings in Criminal Case No. 1322 of 2011, under Sections 498A, 307, 323, 504, 506, 494, 406 IPC arising out of Crime No. 3 of 2011, P.S. Kotwali City, District- Bijnor (State Vs. Ram Sajan & others) pending in the court of C.J.M., Bijnor as against the applicants Smt. Roopa, Km. Vandana Singh, Sumitra Devi and Devendra Kumar.

(2.) In brief, the facts are that FIR was lodged by Smt. Pushpa Deorar- opposite party no. 2 on 1.1.2011 at 7.30 p.m. at P.S. Kotwali City, District- Bijnor alleging therein that she was posted as S.D.M., Hapur, District- Ghaziabad and was also holding additional charge of Assistant Records Officer and was married with accused Rajesh Kumar Deorar, who was posted in District- Bijnor as Consolidation Officer. Husband and wife used to live in government accommodation- C-2, Officer Colony Collectorate Compound, Bijnor. On 27.11.2010, their daughter- Akansha was married and Rajesh Kumar Deorar performed Kanyadan. After marriage of the daughter, the behaviour of her husband suddenly changed and he started insulting and threatening the informant. Since marriage of the daughter, her father in-law Prabhu Nath, mother in-law Smt. Anari Devi and relative Ram Sajan were also living with the informant and used to incite her husband and also threatened her with dire consequences. On 6.12.2010 at about 8 p.m., all the aforesaid persons, in pursuance of a plan, insulted the informant by hurling abuses. When Nand Lal, Hargovind and Vinod, who were present at the house tried to pacify them, they stated that they would perform remarriage of Rajesh Kumar Deorar with another girl. On 7.12.2010 at about 5 a.m., when the first informant was sleeping, her husband, father in-law, mother in-law, Ram Sajan and one unknown, who was subsequently named in the FIR itself as Chhotey Singh (father of applicant no. 1), came to her room, Rajesh Kumar Deorar, caught her neck and tried to strangulate her. Her mother in-law, father in-law and Ram Sajan were exhorting to kill her. Somehow, the informant managed to escape but she received injuries on her neck. Rajesh Kumar Deorar also threatened her with death. Thereafter, the accused persons went from the house in a car and the informant also went away to Hapur where she was posted. She got herself medically examined subsequently on 22.12.2010.

(3.) It was alleged in the FIR that on 10.12.2010, the informant came to know that the aforesaid accused persons had re-married Rajesh Kumar Deorar on 9.12.2010 with Smt. Rupa (applicant no. 1) at Bijnor but to mislead, in the Invitation Card, the marriage place was shown as Haridwar in Uttrakhand. The first informant came to her house at Bijnor and found her husband, father in-law, mother in-law, Ram Sajan, Chhotey Singh, Smt. Sumitra Devi (applicant no. 3) and Rupa (applicant no. 1) present there. All of them insulted her with abuses and threatened her with death and asked her to get out of the house. Rajesh Kumar Deorar, Pushpa and Chhotey took away her jewelery, 50,000/- in cash and other goods and took it in a car and misappropriated the same. It was alleged that the second marriage took place at Bijnor, which was witnessed by persons known to both the parties and they advised the accused persons not to perform illegal marriage but accused persons did not pay any heed.