RENU @ SANGEETA MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Gopal Das Srivastava, counsel for the applicant and Shri Pankaj Kumar Rai, learned State Law Officer for the State as well as Shri Bhavisya Sharma, counsel for the opposite party no. 2.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicants to quash the impugned Charge sheet dtd. 17/12/2017 as well as consequential orders passed by learned Magistrate in Case No. 26832 of 2018 (State Vs. Sonu and others) arising out of Case Crime No. 278 of 2017, under Sec. 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station Naubasta, District Kanpur Nagar.

(3.) The case of the applicants is that a first information report was lodged by the opposite party no. 2 being FIR No. 0278 dtd. 9/4/2017 under Ss. 498A, 323, 504 IPC read with Sec. 3/4 of D.P. Act before the Police Station Naubasta, District Kanpur Nagar relatable to the commission of the offences on 27/3/2017 against the applicants who are married Nanad, Nandoi and Devar and non-applicants- husband and mother-in-law with an allegation that the daughter of the opposite party no. 2, marriage stood solemnized with one Neeraj Shukla on 12/6/2011 according to Hindu Rites and Rituals and in the marriage, huge expenditure were incurred and Rs.1.00 lakh and other household items were given, however, the applicants herein were not happy with the gifts and offerings so made, as their expectations were much more and they acted as a gang and also assaulted the opposite party no. 2, however, despite several request in order to get the things pacify, nothing was done and thereafter a baby was born of the wedlock and on 27/3/2014, allegation is that the daughter of the opposite party no. 2 was being attempted to strangulated, however, she was saved from the clutches though good offices were resorted too in order to pacify the names but nothing happened in that regard.