SHEORAJ SINGH AHLAWAT Vs. STATE OF U P

JUDGEMENT

(1.) THIS appli ­cation has been filed by the applicants Sheoraj Singh Ahlawat, Smt. Anjul Ahla ­wat, Naveen Ahlawat, Neena Sirohi and Major Meghna Ahlawat with a prayer to quash the entire proceedings of FR No. 56 of 2007 pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 3, Bulandshahr and to quash the order dated 2.11.2007 passed by Additional Civil Judge (Junior Divi ­sion)/Judicial Magistrate, Court No. 3. Bulandshahr arising out of the Case Crime No. 145 of 2006 under sections 498 -A, 323, 506 I.PC. Police Station Agota, District Bu ­landshahr (FR No. 56 of 2007) by which learned Magistrate concerned has rejected the final report, taken the cognizance and issued the process against the applicants.

(2.) THE facts in brief of this case are that FIR of this case has been lodged by Opposite Party No. 2 Smt. Renu Ahlawat on 14.12.2006 at 3.15 p.m. in respect of the incident which had occurred from 28.9.1998 to 10.12.2006 in case crime No. 145 of 2006 under sections 498, 323 and 506 I.P.C. alleging therein that her marriage was solemnized with the applicant No. 3 Naveen Ahlawat on 28.9.1998, at the time of marriage, the husband of O.P. No. 2 was posted as Captain in Indian Army. After three years of marriage, from their wed ­lock, one female child was borne but after marriage of O.P. No. 2, demand of down, was raised by the applicants for which she was subjected to cruelty. It was told by her father who paid about Rupees four lacs in respect to that demand but they were not satisfied and continuously they were rating the demand of dowry for which she was beaten by them. Thereafter on 15.8.2003, she was forced to reduce in writing that she would never go in the company of applicant Naveen Ahlawat and obtained her signature on blank paper. It was disclosed by her to her father that she was also beaten by her husband and by her father -in -law and they had extended the threats also for which the father of O.P. No. 2 collected his relatives, asked the appli ­cants to behave properly but they were not convinced and in the night of 18.10.2006, she was badly beaten, its complaint was made by her to the higher officers of the Army on 19.10.2006, thereafter she came to the house of her parents on 10.12.2006, she went to Delhi for taking certificate of her daughter. She was caught hold by mother -in -law and father -in -law and husband. She along with her daughter were forcibly taken by a car and they were taken out on a road of Sihi at about 8.00 p.m. with extend ­ing the threats and when protest was made by O.P. No. 2, she was beaten by them. The witnesses Jitendra Singh and Brijveer Singh came there who also made an attempt to save her life, but her husband Naveen Ah ­lawat taken out the revolver and asked to kill them, then they fled away from the place of occurrence and they made hue and cry, thereafter the father -in -law, mother -in -law and husband of O.P. No. 2 fled away leaving them on the road of Sihi, after lodging the FIR, the matter was investi ­gated by the I.O., who without doing proper investigation, submitted the final report in the Court of learned A.C.J.M. II Bulandshahr, the same was protested by O.P. No. 2 along with her affidavit and the affidavits of Jitendra Singh and Brijveer Singh, thereafter learned Additional Civil Judge (Junior Division)/Judicial Magis ­trate, Court No. 3, Bulandshahr rejected the final report taken the cognizance in exer ­cise of power conferred under section 190 (1) (b) Cr.P.C. and summoned the appli ­cants to face the trial for the offences pun ­ishable under sections 498 -A, 323 and 506 I.P.C on 2.11.2007.

(3.) HEARD Sri Dileep Kumar, Sri Rajiv Gupta, Sri Rajrshi Gupta, learned Counsel for the applicants, learned A.G.A for the State of U.P., Sri I.K. Chaturvedi, Sri B.P. Yadav and Sri R.K. Maurya, learned Coun ­sel for Opposite Party No. 2.