HEM RAJ MITTAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The opposite party No. 2 Smt. Anita Goel is wife of applicant No. 10 Jatinder Kumar Mittal. She lodged a report dated 4-11-1996 against the applicants at Police Station Loha Mandi, Agra on the basis of which a case Crime No. 236/96 under Ss. 323, 506, 498-A, the investigation, the Investigating Officer submitted charge-sheet as contained in Annexure 7 against all the applicants u/Ss. 323, 498-A, 506, 406 and 307 read with S. 34, I.P.C. and 3/4 D.P. Act.

(2.) The allegations in the First Information Report are that the first informant was married to the applicant No. 10 on 16-7-1991. After the marriage the accused persons who are residents of Delhi have been telling the first informant that her parents were millionaire but they did not give anything at the time of marriage and they have been pressing (her) to bring ten lacs for establishment of a factory by Jatinder Kumar. Whenever she refused to accede to their request, she was ill-treated and was beaten with kicks and fists and they also threatened her that if she did not bring the money, she would be killed by burning. She narrated all that happened between 16-7-1991 to 2-11-1996 in the First Information Report. It was stated that on 31-10-1996 her brother Vivek Kumar and Virendra Kumar, mother and one Dharam Chand went with her to police station at Shalimar Bagh and S.H.O. sent her to her matrimonial home with instructions to accused persons that till the marriage was dissolved applicant No. 10 Jitendra Kumar shall maintain the first informant Smt. Anita and also warned them not to make demand of dowry of future. It is further alleged that on 2-11-1996 at about 3 p.m., her husband 'Jethani' Uma Mittal, 'Jeth' Ravindra Kumar and 'Dewar' Surendra Kumar took her out of the house in a car on the pretext that they were going to temple and at about 8 p.m. she was pushed out of the car in Agra in front of near Bhagwan Talkies and the accused persons went away telling her that till she brought Rupees ten lac she will not be kept by them and further threatened her that in case she made complaint to the police she will be killed by burning. While she was being taken in the car, her husband, Dewar and Jeth abused her and assaulted her. Smt. Uma Mittal pressed her throat while her husband, Dewar and Jeth caught hold her hands and feet.

(3.) By the present application under S. 482, Cr. P.C. the applicants had prayed that the first information report dated 4-11-1996 in the aforesaid case crime and proceedings pursuant to the said First Information Report and also the charge-sheet submitted by the police may be quashed.