JAGDISH CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants, who are the husband, father-in-law, mother-in-law and brothers-in-law respectively of opposite party no.2, by means of this application under Section 482, Cr.P.C. have invoked the inherent jurisdiction of this Court for quashing the charge-sheet submitted by the police in Case Crime No.564 of 2003 under Sections 498-A, 323,506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Gandhi Park, District- Aligarh.

(2.) Heard Shri Ritwik Mittal, learned counsel for the applicants and the learned A.G.A. for the State. Though the name of Shri Jai Narayan is printed in the cause list, as counsel for the O.P. No.2, but no one is present on behalf of O.P. No.2.

(3.) Learned counsel for the applicants has submitted that the applicants are innocent and by a general allegation all of them have been falsely implicated in this case by means of an application under Section 156 (3) Cr.P.C. Learned counsel for the applicants has further submitted that the jurisdiction has wrongly been invoked by the learned Chief Judicial Magistrate, Aligarh as the entire episode has taken place at Haldwani and not at Aligarh. It is further submitted that the applicant nos.2 to 5, are not the direct beneficiaries and they have absolutely no concern either with the dowry demand or treating the O.P. No.2 with cruelty in connection with such demand. It is further submitted that the prosecution story, that the applicants committed maarpeet with the O.P. No.2 in the presence of her parental side family members, is wholly unreliable.