AMRISH KUMAR AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under S. 482 Cr. P.C. has been filed for quashing the proceedings of Criminal Case No.2013 of 1984 pending against the applicants in the Court of IInd Additional Munsif Magistrate, Kasganj.

(2.) The petition was admitted on 30-1-1985 and further proceedings in the trial Court were stayed on the same day. However, neither any one has put in appearance on behalf of the complainant - opposite party No. 3 nor any counter affidavit has been filed either on her behalf or on behalf of the State. The Court has therefore to proceed on the basis that the averments made in the petition and affidavit are correct.

(3.) Smt. Meera Rani Agarwal, the complainant-opposite party No.3 filed a criminal complaint on 19-12-1984 against the applicants that her marriage with Amrish Kumar Agrawal (A-1) was performed at Kasganj, district Etah on 30-2-1982 and thereafter she continued to perform her marital obligations. Soon after her marriage the applicant No. 1 and his parents (A-2 and A-3) started making demand of a motor cycle and additional dowry. She politely told him that the economic condition of her father was bad and he was not in a position to fulfil the demands made by them. In April 1983, the applicant No. 1 assaulted the complainant due to which she received injuries. She sent a letter to her father informing him about the incident and then her brother Rajesh came to Faridpur to fetch her. She came to her parental home in Kasganj and started residing there. Since then the applicant No. 1 and her in laws (A-2 and A-3) did not bother to call her nor sent any money for her maintenance. The case of the complainant further is that at the time when she was coming along with her brother all the accused threatened her not to make any complaint or to tell any one about incident otherwise she would be killed. The learned Magistrate recorded the statement of the complainant under S. 200 Cr.P.C. and thereafter passed an order on 4-1-1985 holding that a prima facie case under S. 498-A, IPC had been made out and the accused be summoned to face trial.