KALEEM Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Atul Kumar, learned counsel for the applicants and Sri Virendra Kumar Maurya, learned Additional Government Advocate assisted by Sri Prashant Kumar Singh, learned Brief holder for the State/opposite party no.1. Perused the record with the assistance of learned counsel for the parties.

(2.) The applicants have preferred this application for invoking inherent jurisdiction under Section 482 Cr.P.C. of this Court to quash the impugned charge-sheet dated 19.05.2019 arising out of case crime no. 0065 of 2019, cognizance order dated 01.07.2019 and proceedings of Case No. 1247/9 of 2019 (State Vs. Kaleem and others), under Sections 376, 504, 506 IPC and 3/4 D.P. Act against the applicant no.4 and under Sections 504, 506 IPC and 3/4 D.P. Act against the applicant nos. 1 to 3, Police Station Meerapur, District Muzaffar Nagar pending before Additional Chief Judicial Magistrate, Court No.3, Muzaffar Nagar.

(3.) Filtering out unnecessary details, basic facts of the case in brief are that the applicant no.1 (Kaleem) is husband, applicant no.2 (Mobeen) is father-in-law, applicant no.3 (Smt. Sayada @ Bhoori) is mother-in-law of victim Sabnam. On 10.03.2019, Mohd. Iqbal (brother of victim) lodged First Information Report regarding an incident dated 6.3.2019 against the accused-applicants registered as Case Crime No. 0065 of 2019, under Sections 376D, 506, 504 IPC and 3/4 D.P. Act at Police Station Meerapur, District Muzaffar Nagar alleging inter-alia that marriage of his younger sister (victim Sabnam) was solemnized on 06.03.2019 with the applicant no.1. In the marriage, about a sum of Rs. seven lakh were spent by his family members, but the accused-applicants were not satisfied and started demanding rupees fifty thousand in cash and one Alto Car at the time of marriage. Anyhow, "bidai" ceremony was performed and Sabnam was sent to her matrimonial house, but on the nuptial night (first night of marriage) the accused-applicants entered into the room of victim Sabnam and started taunting/abusing for not fulfilment of their demand of dowry by her family members. On resisting by the victim Sabnam, they in abrasive tone threatened to see her. Thereafter, Daood (brother-in-law/Jija of the husband of victim) forcibly committed rape on victim in the first night of her marriage and therewith Kaleem (husband) following Daood also committed rape on victim. It is further alleged that after the aforesaid atrocities, she became unconscious. On the next day in morning, brother of victim received an information from unknown person that his sister in not well. On such information, informant (brother of the victim) alongwith his other family members reached at the matrimonial house of the victim and she was brought to Vashistha Hospital situated in Almaspur Chaupala, Muzaffar Nagar in a bad condition for her treatment. Seeing the crowed collected at the hospital, the accused persons ran away. Victim on gaining consciousness also told that her mother-in-law with intention to kill her choked her neck from Dupatta.