SHARDA PRASAD TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Sharda Prasad Tiwari, Smt Vijai Lakshami, his wife and Deepak Tiwari, his son have filed the instant application, under section 482 Cr. P.C., hereinafter referred to as the Code, invoking the power of this court under the said section, with the prayer to quash the charge sheet No. 132 of 2005 dated 23.7.2005 relating to crime No. 480 of 2004 under section 498A/304B IPC and % D.P. Act. Police Station Naini District Allahabad which has culminated into registration of case No. 25344 of 2005 State versus Deepak Tiwari and Others pending in the court of CJM Allahabad under the aforesaid sections. They have further prayed that during the pendency of this application further proceeding of the said case be stayed.

(2.) The facts are that Nand Kishore Sharma resident of 123, Chaukhandi, Kidganj, Allahabad had married his daughter Gunja (deceased) with Deepak Tiwari @ Dipu (applicant No. 3), son of Sharda Prasad Tiwari (applicant No. 1) resident of Bakrana Tiwari (Ram Sagar), Chaka Block, Police Station Naini, Allahabad on 2.3.2001. He had given many domestic articles, jewellry and a car Maruti 800 according to the wishes of the applicants. On her return from the house of her-in-laws, Gunja told informant and other relatives her woes that the applicants demand more dowry of Rs. Three lacs from her and on her refusal bet and tortured her mentally. The informant went to the applicants and pleaded his inability to pay such a huge amount. Applicant Deepak, on this came to the house of the informant and took Gunja to his house. After some time, informant went to the house of the applicants for bringing Gunja back for Rakshabandhan, when he was informed by Gunja that her woes continue further if, the amount is not paid then she will be done away with. The informant again went to the house of the applicants and requested them to stop the torture and showed his inability to pay the said amount. Gunja was again brought back by her husband Deepak and father-in-law Sharda Prasad Tiwari to their house on 12.9.04. On 13.10.04 informant's son Amit Sharma was informed by unknown man that his sister, Gunja, had been badly burnt by gas leak and she had been carried to Swaroop Rani Hospital. The informant immediately rushed to the hospital along with his other relatives and there he found his aforesaid daughter unconscious and badly burnt. That night Gunja breathed her last. Of being sure, that the applicants have bet and burnt Gunja, that the informant lodged a FIR against the applicants at police station Naini District Allahabad under section 498A/304B IPC and % D.P. Act vide crime number 480 of 2004 (annexure 1) on 14.10.04 at 1.15 PM. The post mortem of the deceased was conducted on 14.10.04 which indicated that the deceased whole body was burnt and skin had peeled off. The investigation was conducted by Circle Officers of Naini, Sorao and Colonelganj. It transpires that, at the instance of the informant the investigation was transferred to Circle Officer, Colonelganj, Allahabad, but subsequently, at the instance of accused the same was retransferred to Circle Officer Sorao, Allahabad. During the course of investigation all the witnesses, including the informant, his sons Amit and Vivekanand, his wife Smt Kumud supported the FIR version. However it seems that the pressure was exerted on the informant and as a result of which the Maruti car given in marriage was returned to the informant and a LIC Policy of Rs. 5 lacs was got done, in favour of Riya, daughter of deceased, with the help of Kamlesh Tiwari uncle of accused Deepak Tiwari and brother of Sharda Prasad Tiwari applicant No. 1. It also transpires that the informant had moved applications also against the accused to Human Rights Commission. However because of pressure exerted on the informant and other witnesses, the family members of the deceased, filed affidavits denying the incident in the court of CJM, Allahabad. CJM, Allahabad also ordered for recording their statements under section 164 Cr. P.C. on 14.2.2004. the informant in the said statement stated that he had lodged the FIR and the version mentioned in it is correct. The statements of Amit Kumar Sharma and Vivekanand Sharma filed as annexure No. 20, indicated that the affidavits were filed because of pressure and also because of a sought of compromise reached between the parties. The investigating officer finding prima facie case against the applicants submitted charge sheet against them in court on 23.7.2005, on the basis of which case number 25344 of 2005 was registered in the court of CJM, Allahabad on 6.10.2005 against the applicants. Hence this application for quashing of the case and the charge sheet.

(3.) I have heard Sri Jagdish Singh Sengar and Sri Sudhir Solanki advocates on behalf of applicants and the learned AGA in opposition at a great length and have perused the application and annexure appended therewith.