MADHURI ALIAS MADHVI Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This application has been filed by the applicants Smt. Madhuri alias Madhvi and Smt. Madhur and another with a prayer to quash the charge-sheet dated 17-6-2007 in case No. 268 of 2007 under Sections 498-A, 304-B I. P. C. and Section 3/4 of the Dowry Prohibition Act P. S. Kavi Nagar District Ghaziabad pending in the Court of learned C. J. M. Ghaziabad vide criminal case No. 11620 of 2007.

(2.) THE facts of the case in brief are that the F. I. R. of this case has been lodged by O. P. No. 2, Subhash Chandra Singh at P. S. Kavi Nagar on 12-5-2007 under Sections 498-A, 304-B I. P. C. and Section 3/4 Dowry Prohibition Act in case crime No. 268 of 2007 against the applicant and co-accused Dhemant Singh, Balwant Singh alleging therein that due to non-fulfilment of the demand of dowry, the deceased Shobhna Singh was subjected to cruelty, ultimately she was killed by throwing on railway track under a train. After investigation, the I. O. has submitted the charge- sheet dated 17-6-2007 in the Court of learned C. J. M. Ghaziabad on which the learned C. J. M. Ghaziabad has taken cognizance and summoned the applicants and other co-accused persons to face the trial on 29-6-2007. Being aggrieved from the charge-sheet submitted by the I. O. and the order of cognizance dated 29-6- 2007, the present application has been preferred before this Court with a prayer to quash the proceedings arising out of charge-sheet submitted against the applicants.

(3.) IN reply to the above contention it is submitted by the learned A. G. A. that the deceased has died within seven years of her marriage, according to the allegations made against the applicants and other co-accused persons, there was demand of dowry for which the deceased was subjected to cruelty and the deceased has been thrown under the train consequently, she died.