RAJIV Vs. STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The present petition, under Section 482, Cr.P.C., has been received from Hon'ble Bombay High Court under the orders of the Apex Court dated 19.09.2012 for disposal.

(2.) By means of this petition, the petitioner has prayed for quashing of the proceedings of Case No.2793 of 2011 arising out of FIR No.46 of 2011, under Sections 498A, 323, 506 IPC and Sections 3 and 4 of D.P. Act, Police Station Alambagh, District Lucknow pending before learned Additional Judicial Magistrate-IV, Lucknow.

(3.) Brief facts for deciding this petition are that a first information report has been lodged by opposite party no.3 Mrs. Kiran alleging therein that she was married according to Hindu rites and rituals to Deepak Gupta resident of Maharashtra, on 31.01.2008 at Lucknow. In the said marriage, sufficient dowry has been given to her in-laws i.e. Freeze (Refrigerator), LCD TV, Washing Machine, Double Bed, Sofa Set, Cupboard, Dining Set, costly cloths of about 2,00,000/-, Swift Maruti Car of Rs.5,50,000/-, cash Rs.1,51,000/-and ornaments of Rs.1,50,000/-. The in-laws are moneyed person having good wholesale business of fruits under the name and style M/S Ramavtar & Sons at J.B., 486, APMC Fruit Market, Vashi, Navi Mumbai. In February, 2009 she came to her parental house. The in-laws after that made additional demand of Rs.15,00,000/-. On 27.11.2010 the in-laws informed that if the said demand is not fulfilled, she shall not be taken back and her husband will marry again. She also stated that after marriage her father-in-law Sri Ram Avatar Gupta,husband Deepak Gupta , mother-in-law Smt. Urmila Gupta, brother-in-law Jitendra Gupta, sister in law (Nand) Smt.Sunita Devi, Devar Dipesh Gupta, Devar Nilesh Gupta and the present petitioner Rajiv Kaplipdev Gupta , Bhanja of the father-in-law of opposite party no.3, started harassing and torturing her and threatened to kill her if demand of dowry is not fulfilled.