LAWS(ALL)-2023-12-29

ABHAY GUPTA Vs. STATE OF U.P.

Decided On December 13, 2023
Abhay Gupta Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Sanjay Vikram Singh, learned counsel for the petitioner and learned AGA for the State.

(2.) This petition stems from the impugned FIR bearing Case Crime No. 0079 of 2022, under Ss. 498A, 304B and 120B IPC read with Sec. 3/4 of D.P. Act, 1961 registered at P.S. Kurawali, District Mainpuri. Following the completion of the investigation, the police filed a charge sheet against the petitioner and aggrieved by the filing of the charge sheet, the petitioner-husband preferred the instant petition for fair investigation under Article 226 of the Constitution of India, seeking a direction for a fair investigation in the impugned FIR. For clarity, the relief sought before this Court is delineated as follows:

(3.) The petitioner, Abhay Gupta, entered into a matrimonial alliance with Harshita Gupta on 1/12/2020 in accordance with Hindu rites and rituals, and during the marriage, the complainant's family spent approximately Rs.20.00 lakhs, and dowry items were also presented to the petitioner's family within their means. Subsequently, the petitioner and his family subjected Harshita Gupta (deceased-wife) to both mental and physical cruelty. No child was born out of the said wedlock, although the wife was five months pregnant at the time of the death; however, the insufficient dowry made the in-laws unsatisfied, and following this, the complainant's sister was murdered by the in-law's family, in which Satish Chandra (father-in-law); Shri Abhay Kumar and Gaurav Gupta (brothers-in-law -Jeth), Ajay Gupta (brother-in-law- Devar); Smt Stuti Nidhi- wife of Gaurav Gupta (sister-in-law-Jethani); Manju wife of Satish Chandra (mother-in-law); and sister-in-law (Nanad) and brother-in-law (Nandoi) are arrayed as accused/suspect in the FIR.