U. C. Dhyani, J. - (1.) By means of aforementioned applications under Section 482 Cr.P.C., the applicants seek to quash / set aside the impugned charge sheet dated 10.06.2013, summoning order dated 17.07.2013, 24.09.2015 and 31.10.2015, as also the entire proceedings of criminal case no. 5052 of 2013, State vs Janardan Prasad Tiwari and four others, under Sections 306, 504, 506 I.P.C., (case crime no. 26/2013), pending in the court of II Addl. Chief Judicial Magistrate, Dehradun.
(2.) Since aforementioned applications under Section 482 Cr.P.C. have arisen out of the same FIR and charge sheet, therefore, they are being decided together by this common judgment for the sake of brevity and convenience.
(3.) An FIR was lodged by the complainant / respondent no. 2 against present applicants, for the offences punishable under Sections 306, 506 IPC, enumerating the facts contained therein that marriage of his son Prashant Kumar Pandey was solemnized with Sadhana d/o Janardan Prasad Tiwari r/o village Jamui Kalan, Post & P.S. Nichlool, District Maharaj Ganj (U.P.) on 18.06.2006. Janardan Tiwari (father of Sadhana) and Anand (brother of Sadhana) used to beat his son, whenever there was any matrimonial discord between the couple. They gave beatings to his son at the time of their stay at Badarpur in Delhi and daughter-in-law of the complainant instigated them to do so. Thereafter, they took Sadhana along with them. Few months later, complainant took her daughter-inlaw back after compromise. In the month of May 2011, Janardan Tiwari came to the house of complainant at Gorakhpur accompanied with his wife, son and other people. He gave beatings to his son there also and took her daughter Sadhana along with them. Janardhan Tiwari lodged a criminal case under Section 498A, maar peet etc. Son of the complainant was bailed out after remaining 16 days in jail in that criminal case. Thereafter, a case of maintenance and domestic violence was also got registered and they also threatened the complainant with dire consequences. Complainant kept his son away from his house at Dehradun in order to save him from the clutches of family members of Sadhana. But in Dehradun also, the threatening to kill and abetment to commit suicide by them to complainant's son, continued unabated. In the court at Gorakhpur also, they assaulted son of the complainant. They used to hurl abuses over telephone, some parts of which were recorded in the form of C.D. and can be produced whenever required, which bears testimony of their conduct. Sri Tiwari threatened to shot dead the complainant and his family members at Gorakhpur. Eventually, owing to constant threats by them to implicate son of complainant in false cases, threatening and abetment to commit suicide, son of the complainant ends his life on 17.02.2013.;