ASHISH KUMAR PANDAY Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet no. 01 of 2019 dated 04.07.2019 arising out of Case Crime No. 25 of 2019 as well as cognizance order dated 03.08.2019 and proceedings of criminal case no. 763 of 2019 (State Vs. Ashish Kumar Pandey and others), under Sections 498A , 323 , 504 , 354 , 506 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District - Aligarh pending in the court of A.C.J.M., Court No.7, Aligarh.

(3.) Filtering out unnecessary details, basic facts of the case in brief, as per prosecution case are that opposite party no.2 Smt. Sonam Sharma wife of Ashish Kumar Pandey (applicant no.1) lodged FIR dated 30.03.2019 against Ashish Kumar Pandey, Manish Pandey, Smt. Shail Pandey, Neha Pandey and Jyoti Mishra, who are husband, brother-in-law, mother-in-law, elder sister-in-law (Jethani) and sister-in-law (Nanad) of opposite party no.2 respectively registered as case crime no. 0025 of 2019 under Sections 498A , 323 , 504 , 377 , 376 , 506 IPC and 3/4 D.P. Act at Police Station Mahila Thana, District Aligarh making serious allegations of harassment and torture on account of non-fulfilment of demand of Rs. 40 lac in dowry as well as outraging her modesty by her brother-in-law (Jeth) in her matrimonial home. The Investigating Officer after investigation submitted charge-sheet on 4.7.2019, on which Magistrate concerned took cognizance on 3.8.2019. The aforesaid charge-sheet and cognizance are under challenge in the present application.