RAHUL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Vivek Kumar Singh, learned counsel for the applicants as well as Sri Sunil Vashistha, learned counsel for respondent no.2 and learned AGA in opposition.

(2.) THE four applicants namely Rahul, Ram Pal, Smt. Harbiri and Km. Rakhi consisting of a family through the present application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this court with the prayer that the proceedings of Complaint Case No.322 of 2002, Smt. Kusum Vs. Rahul and others, under Sections 498 -A, 504, 50, 323, 147 IPC and 3/4 D.P. Act, P.S. Sardhana, district Meerut pending against them before Judicial Magistrate be quashed.

(3.) ACCORDING to the complaint Annexure no.4, which was filed by respondent no.2 Smt. Kusum before Judicial Magistrate, Sardhana, district Meerut as Complaint Case No.322/9 of 2002, against applicant -accused no.1 Rahul (husband of complainant victim respondent no. 2), applicant no.2 Ram Pal (father -in -law of respondent no. 2), Smt. Harbiri (mother -in -law of respondent no. 2) and applicant no.4 Km. Rakhi (nanad of victim), she was married with applicant no.1 Rahul on 26.2.2001 according to Hindu customs and rites in village Navthuwa district Meerut. After the marriage the complainant started residing with her husband and performing her marital responsibilities. After 15 days of the marriage, she was taunted and harassed for the demand of dowry. Although the complainant tried to pacify in -laws and her husband but her efforts went in vain. It is further alleged that Rs.51,000/ -in cash was given by the father of the victim on sagai and Rs.21,000/ - was given at dwarchar. According to the victim, she was assaulted also for non -fulfillment of dowry demand. Her in -laws and husband adopted rapacious attitude and when the brother of the victim came to the in -laws house to take back his sister, he was also assaulted by the husband of the victim complainant.