NEHA GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicant Smt. Neha Gupta approached this Court for quashing the Charge Sheet No.564 of 2018, dated 22.12.2018 submitted in Case Crime No.744 of 2018 (Session Trial No.51 of 2019) under Sections 302, 323 and 504 IPC, Police Station Shahabad, Distirct Rampur and entire proceedings thereof.

(2.) Brief facts giving rise to the present application are that Informant Abhinav Gupta submitted an application in Police Station Shahabad, Distirct Rampur stating that he was married to Neha Gupta one and half years back. After some days relation between husband and wife became strained due to rude behaviour of his wife. Often she used to abuse his mother and after one and half years about she left his house and started living in her maternal house and so many false complaints have been lodged by her against him and his mother. On 26.10.2018 at about 02:00 PM accused-applicant Neha Gupta came to his house with one Sub Inspector Sunder Lal and she abused him, tried to quarrel before Sub Inspector. Sub Inspector Sunder Lal went away from there but Neha stayed there. At about 07:00 PM her family member i.e. her mother Kiran Devi, father Narendra and brother Anand came to his house and started beating him and his mother with intention to kill; they poured kerosene oil on his mother and set her fire, on hearing noise his neighbour Monu came there, he admitted his mother in Shahabad Hospital where from she was referred to District Hospital Rampur, later on to Ishan Hospital Bareilly. On the application of Abhinav Gupta a case under Sections 307, 323 and 504 IPC was registered as Crime No.744 of 2018 agianst Neha, Kiran Devi, Narendra and Anand.

(3.) Victim Asha Rani succumbed to death due to burn injury, in dying declaration she made statement in support of prosecution. Matter was investigated and charge sheet was submitted against four persons including present applicant.