MOHD. DANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application u/s. 482 Cr.P.C. has been filed seeking the quashing of entire proceedings of criminal Case No. 4315 of 2009, State Vs. Mohd. Danish and others, u/s. 498A, 323 I.P.C. and 3/4 D.P. Act. P.S. Banna Devi, district Aligarh, pending in the court of C.J.M., Aligarh.

(2.) LIST has been revised. Despite repeated calls none has appeared to press this application on behalf of the applicants. Learned A.G.A. is present. This application is of year 2010. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is no justifiable reason to further procrastinate the matter. This Court, therefore, deems it fit to proceed in the matter on the basis of the record and with the assistance of the learned AGA representing the State.

(3.) THE prosecution story in brief appears to be like this that the first informant Smt. Shayada Praveen was married to applicant no. 1 -Danish and customary gifts were given at the time of marriage including a motorcycle. But the allegation is that the in -laws were not satisfied with the dowry given and started pressing for further demand of a Car or Rs. 2,00000/ -. As the inability to satisfy the demand was expressed, the wife was tortured and cruelly treated by the husband and other in -law. She was physically beaten and also that the husband and other in -laws left the house leaving her alone in Lucknow. After a lot of persuasion of the father of the wife, the husband brought the first informant there but insistently kept pressing for additional demand of a car or money in lieu of the same. It is alleged that later on the husband and other in -laws came back to their original house where they asked her to call up her father and to manage the money. On refusal she was badly thrashed. According to the allegations she was forsaken by the husband and is living a deserted life with her parents.