GOPAL KRISHNA PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri learned counsel for the applicants and Shri Dhirendra Bahadur Singh for opposite party No. 3 and learned Additional Government Advocate representing the State.

(2.) This application has been filed for quashing the criminal proceedings in Criminal Case No. 558 of 2001, under Sections 498-A, IPC and 3/4 of Dowry Prohibition Act, police station Nigara, district Ballia, pending in the Court of Chief Judicial Magistrate, Ballia and the order dated 22-3-2001 passed by the Chief Judicial Magistrate, Ballia taking cognizance of the case and the charge- sheet dated 22-1-2001 submitted by the police.

(3.) In brief, the facts of this case are that an FIR was lodged in this case on 12-12- 2000 by Smt. Kanchan Bala, opposite party No. 3 alleging that she was married to Gopal Krishna Pandey, applicant No.1. She came to her sasural on 8-3-2000. Her father had given sufficient dowry at the time of marriage, but after marriage her husband Gopal Krishna Pandey, mother-in-law Smt. Vijai Laxmi and father-in-law Suman Pandey began to demand colour T.V., freezer and cooler and on non-fulfillment of their demand, they began to torture the informant Smt. Kanchan Bala. The complainant came back to her father's house on 23-3-2000 to take her M.A. Part-I examination, where she disclosed about the torture practised on her. On 15-8-2000 the applicants are said to have gone to her father's house and tried to force her to sign a plain stamped paper and began to demand the aforementioned dowry items as a pre-condition for taking her back. On her refusal, her husband, Gopal Krishna Pandey, applicant No. 1 slapped her. On arrival of the witnesses, the applicants left the place issuing threats. After this incident, the complainant's father made great efforts to resolve the matter, but the matter was not resolved and hence the aforesaid FIR was lodged on 12-12-2000.