LAWS(ALL)-2019-11-142

SHANTI NARUKA Vs. STATE OF U.P.

Decided On November 14, 2019
Shanti Naruka Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicants and the learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing of the proceedings of Case No. 9919 of 2005 (State v. Jagmohan Singh and others), arising out of Case Crime No. 15/2005, Police Station Mahila Thana, District Lucknow pending in the Court of Additional Chief Judicial Magistrate, CBI (AP), Lucknow, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act and for quashing of the order dated 5.8.2005 passed by the Chief Judicial Magistrate, Lucknow as also the charge-sheet No. 11/2005.

(3.) The allegations as culled out from the present application are that the son of the applicant nos. 1 and 2 namely Amar Singh married the OP No. 2 on 20.7.2001 at Aarya Samaj Mandir, Lucknow. The said marriage happened on account of the friendship in between Amar Singh and the OP No. 2 alleged to be as a result of love affairs between the two. As the marriage was inter-caste marriage, it was opposed by the family members and in fact immediately after the marriage, the OP No. 2 wrote a letter to Senior Inspector, Fatehganj Police Station, Vadodara saying that she had married on her own accord, however she apprehends that the father and mother of the OP No. 2 may level false allegations and thus she apprehends threats from her parents. Subsequently, it appears that there was a marital discord in between the couple which resulted into the lodging of the F.I.R. by the OP No. 2 on 16.3.2005.