JAVED Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicants and the learned AGA and have taken through the record. By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the charge sheet dated 11.10.2011 along with criminal proceedings of case crime No. 175 of 2011 under Sections 406 IPC read with section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Meerut pending in the court of Judicial Magistrate -II Meerut.

(2.) IT is contended by learned counsel for the applicants that the applicants are being prosecuted in the present case pursuant to the false allegations made in the first information report Prima facie no offence is made out against the applicants as the marriage was not performed between the applicant No. 1 and the daughter of the complainant, hence the allegation with regard to demand of dowry and the criminal breach of trust is wholly unfounded. The charge sheet submitted by the investigating officer is not based on the clinching material and evidence. The prosecution of the applicants in the present case is nothing but sheer abuse of process of law therefore, the same may be quashed.

(3.) FROM the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that no offence has been made out against the applicants. Cognizance taken by the trial court, whereby the applicants have been summoned to face the trial suffers from no illegality and as such the prayer for quashing the proceedings is refused.