KALAWATI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Rajesh Yadav, learned counsel for the applicant and learned AGA for the State.

(2.) BY means of this application filed under Section 482 Cr.P.C., the applicant has prayed for quashing the order dated 22.12.2012 passed by the Chief Judicial Magistrate, Firozabad in Misc. Application No.342 of 2012 arising out of Application under Section 156(3) Cr.P.C. (Smt. Kalawati Devi Vs. Santosh Kumar and others), Police Station North, District Firozabad.

(3.) THE prosecution story as stated by the applicant who is complainant of the case is that; she had married her daughter namely, Nema Devi, six years prior to the incident in accordance with the Hindu Rites and Tradition with one Santosh Kumar and she had given Rs.50,000/ -in cash and also gifts of Rs.50,000/ - along with other things given in dowry etc. The in -laws of her daughter had a greed for dowry and they were not satisfied with the dowry given at the time of marriage and used to cruelly treat and torture her daughter for bringing less dowry and were torturing her for bringing a motorcycle from her parents. When her daughter came to her parent's house, she told about the additional demand of dowry to them. The husband of the applicant after 1 1/2 year of the marriage had gone to the in -laws house of her daughter for having talk with them, on which her daughter's mother -in -law, husband, jeth and other family members were adamant for the demand of a motorcycle and said that if the same was not fulfilled then they would continue to torture her daughter and will not keep her daughter with them. The applicant's husband tried to pacify the in -laws of her daughter but they did not pay any heed to his request. The husband of the applicant after returning from the house of in -laws of her daughter, after few days died due to the shock seeing the attitude of the in -laws of her daughter. The in -laws of the daughter of the applicant remained quiet for some time after the death of the husband of the applicant but again after few days some they started harassing the daughter of the applicant and assaulted her and also did not give food and due to which her health also deteriorated. The husband of the daughter of the applicant was a drunkard and he did not use to do any work and waste his time in gambling etc. and had also some illicit relationship with sister -in -law of his elder brother namely, Vineeta. From 13.4.2012 for about 4 -5 days her daughter was beaten and she was kept starving and on 18.4.2012 she was done to death by all the accused persons by pouring kerosene oil on her by striking match stick and due to which she raised alarm and residents of the mohalla saved her but she was fully burnt. On receiving the information from a person of village, she reached the place of occurrence and she was misguided by some persons and was sent to Agra. After returning from Agra on 28.4.2012 in the evening in her absence her daughter succumbed to her injuries and her dead body was also disposed of on 29.4.2012 by the accused persons. She stated that in -laws of her daughter were influential persons and having money and power. Due to influence they had tried to suppressed the incident in collusion with the concerned officer of the police station North. When she went to lodge an FIR at police station North, she was confined and was pressurized to compromise the matter otherwise she would face dire consequences of her life and her FIR was also not registered. The dead body of her daughter was burnt which was seen by Dhan Devi, Dharmendra and Rakesh and many other persons. When the report of the applicant was not lodged by the concerned police station, she moved an application to S.P. Firozabad praying for registration of the FIR which she had sent by registered post but in spite of that her FIR was not lodged. Hence, she moved an application under Section 156(3) Cr.P.C. before the C.J.M., Firozabad informing about the incident and requesting the learned Magistrate to direct the concerned officer of the concerned police station to lodge the FIR of the incident.