SAHAJ RAM YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C., applicants Sahaj Ram Yadav @ Pappu and four others approached this Court for quashing order dated 22.12.2012 passed by CJM, Faizabad in Complaint Case No.108 of 2012, under Sections 498A/323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Nagar, District Faizabad, pending in the Court of Chief Judicial Magistrate, Faizabad and entire proceedings thereof.

(2.) Brief facts giving rise to the present application are that Smt. Gudda filed a complaint under Section 156(3) Cr.P.C. against Sahaj Ram Yadav, Ram Dev, Raghupat, Shanker and Sunita stating that her marriage took place with Sahaj Ram as per Hindu rites and sufficient Dowry, according to her capability, was given to her in laws at the time of marriage. Complaint further recites that her in-laws started demanding Rs. 2,00,000/-, one gold chain as Dowry and harassing her by saying that Sahaj Ram, her husband, is a Government Servant. Unfortunately she is issue-less, so accused-applicants started abusing and torturing her. On 5.8.2009, she was kicked out her house snatching her entire belongings. She was medically examined in the district hospital, Faizabad.

(3.) Application under Section 156 (3) Cr.P.C. came to be registered as complaint case. Magistrate recorded the statement of victim-complainant under Section 200 Cr.P.C. and made an enquiry by recording statement of Gayatri and Laxmi under Section 202 Cr.P.C. and found prima-facie case and sufficient ground for proceeding, summoned the accused-applicants for facing trial under Sections 498-A, 323 IPC and Section 3/4 Dowry Prohibition Act, PS Kotwali Nagar District Faizabad, vide impugned order dated 22.12.2012.