Court No. - 52 Case :- APPLICATION U/S 482 No. - 12410 of 1993 Petitioner :- Balraj Bool Chandani And Others Respondent :- State Of U.P.& Others Petitioner Counsel :- J.S.Sengar Respondent Counsel :- Aga,D.P.Bajpai,K.Bajpai Hon'ble Arvind Kumar Tripathi,J.
List revised.
The present application under Section 482 Cr.P.C. has been filed
for quashing of the proceeding in Case No. 206 of 1992, under
Section 306, 498A I.P.C. , P.S.Shahganj, District Agra, pending in
the Court of A.C.J.M.Ist Agra.
On 17.8.1993, the notice was issued and further proceedings were
stayed. None present for O.P.No.2.
Heard learned counsel for the applicant, learned A.G.A. and
perused the record.
Learned counsel for the applicant contended that applicant No.1 is
the husband, applicant No.2 is the mother-in-law of the deceased.
The deceased was married with applicant No.1 ten years before the
incident. However, there was no issue. It appears that the applicant
No.1 Smt. Neelam due to frustration and depression took poison.
She was admitted in the hospital. In spite of best treatment
whichever available, she died in the hospital on 23.2.1991. Father
of the deceased participated in the cremation. Subsequently, just to
blackmail the applicant and to extract the money, First Information
Report was lodged on 03.3.1991 at P.S. Shahganj, District Agra.
After investigation Final Report was submitted. Subsequently, on
complaint of informant, O.P.No.2 the matter was further
investigated and again Final Report was submitted. Thereafter, an
application was made to the Chief Minister and other higher
authorities and third time matter was investigated by the C.B.C.I.d.
and ultimately charge-sheet was submitted under Section 306,
498A I.P.C. He further contended that in fact there was no demand
of dowry or torture. It is submitted that due to frustration, she
committed suicide. Even if there was minor differences or quarrel
or dispute in the family, then on that ground ultimately no offence
is made out under Section 306 or 498 A I.P.C.
Learned A.G.A. submitted that since there was allegation of
demand of dowry and torture, prima facie offence was disclosed,
hence proceeding is not liable to be quashed, as evidence was
required to be examined at appropriate stage.
Considering the aforesaid submissions and in view of the facts that
no reply was filed to controvert the averments and further in the
present case proceeding was stayed on 17.8.1993 and the matter is
of the year 1992. Hence it is a fit case to quash the proceeding.
Further in view of the delay no fruitful purpose will be served to
start the trial in the present case after such a long gap. In the
interest of justice, proceeding of Criminal Case No. 206 of 1992,
under Section 306, 498A I.P.C. , P.S. Shahganj, District Agra,
pending in the Court of A.C.J.M.Ist Agra is hereby quashed.
Interim order dated 17.8.1993 is hereby discharged.
Accordingly, the present application under Section 482 Cr.P.C. is
hereby allowed. No order as to cost.
Office to communicate this order to the Court concerned.
Order Date :- 5.8.2010
S.A.A.Rizvi