LAWS(ALL)-2009-8-352

PRAVIN YADAV Vs. STATE OF UTTAR PRADESH

Decided On August 20, 2009
Pravin Yadav Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) The applicants by way of filing present application under Section 482 Cr.P.C. have sought for quashing the proceedings of Criminal Case No. 5850/9 of 2004 as well as charge sheet dated 30.4.2004 arising out of case crime No. 353 of 2003 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act of P.S. Medical, District Meerut pending in the Court of Additional Chief Judicial Magistrate IV, Meerut. The background facts giving rise to this application in a nutshell are as follows:

(2.) Applicant No. 1 Pravin Yadav was married with Smt. Rachna daughter of Dr. Satyapal Singh Yadav, opposite party No. 3 who is informant of case crime No. 353 of 2003 under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act of P.S. Medical, District Meerut. The FIR of the said crime number was lodged by him on 28.12.2003 at 12.30 PM pertaining to an incident which took place in between February 1997 and August 2002. The applicants are husband, father-in-law and mother-in-law of the aggrieved wife respectively.

(3.) The allegations in brief are that the daughter of opposite party No. 3 Smt. Rachna was married with applicant No. 1 Pravin Yadav according to the Hindu Rites and Rituals on 16.12.1997. She was allegedly subjected to cruelty and harassment for want of additional dowry and Maruti Zen Car by the applicants after the marriage. It is further alleged that after the victim gave birth to a female child on 7.12.1998 the applicants became enraged and the demand of dowry was raised consequently they also started passing lewd remarks and giving threats of dire consequences on account of non-fulfillment of demand. Thereafter on the basis of the said allegations an FIR was got registered at the Police Station Medical, District Meerut in the above mentioned crime number.