RAHUL MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri D. K. Agrawal and Ms Anupriya Agarwal Advocates, the learned Counsel for the applicants, Sri Virendra Kumar, the learned A.G.A. for the State and Sri Sushil Kumar Singh, Sri Prabhat Pandey and Sri Mahesh Kumar Advocates, the learned Counsel for the opposite party no. 2.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicants have sought quashing of the Charge Sheet No.14 of 2016 dtd. 24/12/2016 submitted in furtherance of Case Crime No.10 of 2016, Police Station, Mahila Thana, District Amethi under Ss. 498A, 323, 504, 506 IPC and Ss. 3/4 Dowry Prohibition Act. They have also sought quashing of the order dtd. 27/3/2017 passed by the learned Chief Judicial Magistrate, Sultanpur in Case No.1818 of 2017, taking cognizance of the aforesaid offences and summoning the applicants to face trial of the aforesaid offences.

(3.) The aforesaid case was instituted on the basis of an FIR lodged by the opposite party No. 2 on 22/7/2016 stating that the informant had got his daughter married to the applicant No.1 on 15/2/2015. Wedding ceremony was solemnized at Etawah. The informant had spent Rs.15,00,000.00 in the wedding and related ceremonies and he had given Rs.6,00,000.00 in cash, besides several other valuable articles. At the time of settlement of the marriage, the applicants had told that the applicant No.1 had done MBA from Birmingham University in United Kingdom in first division and that he was working as a Manager in a real estate concern at Gurugram. After the marriage, the accused persons started harassing the informant's daughter for demanding a car. Later on, it came to light that the applicant no.1 did not possess a degree, as had been claimed by the applicants and he merely holds a Post Graduate Diploma in Management, in which he had secured second division and perhaps that diploma is not recognized in India. The FIR alleges that the accused persons had beaten up the informant's daughter on 21/12/2015, took away her stridhan and dropped her near the house of the informant in HAL campus at Korba, Munshi Gunj, District Amethi. The informant tried to resolve the disputes, but he was always insulted.