(1.) Heard Sri Randhir Jain and Sri Sandeep Kumar Kesari, learned counsels for the Applicant, Sri Arunesh Kumar Singh, learned counsel for opposite party no.2 and learned A.G.A. for the State.
(2.) The present application is preferred by Applicant for quashing the chargesheet dtd. 12/5/2019 under Sec. 498A, 323, 504, 506 of I.P.C. and under Sec. 3/4 of Dowary Prohibition Act, 1961, police Station Chaubeypur, District Varanasi, as well as, cognizance order dtd. 25/7/2019 in criminal case no. 999 of 2019 (State Vs Anil Sharma and others) arising out of Case Crime No. 02 of 2019 under Sec. 498A, 323, 504, 506 I.P.C and Ss. 3/4 of Dowary Prohibition Act pending in the Court of Judicial Magistrate-IIIrd, District Magistrate, Varanasi.
(3.) The applicant is brother-in-law of informant. Initially, the first information report dtd. 3/1/2019 was lodged under Sec. 498A, 323, 504, 506 of Indian Penal Code and Ss. 3/4 of Dowry Prohibition Act, against Applicant and five other accused persons [(namely - Anil Sharma (Husband), Virendra Sharma (Father in law), Malti Devi (Mother in Law), Amit Sharma (Brother in law), Ishu (Brother in law)], at police Station Chaubeypur, Varanasi. The first information report was lodged by opposite party no. 2 Geeta Sharma. The first information report was lodged at Case Crime No.02 of 2019.